Several Chula Vista city leaders are calling on Andrea Cardenas to resign after the councilmember was charged last week with grand theft, money laundering and tax evasion.
In a six-page criminal complaint, the San Diego District Attorney accused Cardenas and her brother, political consultant Jesus Cardenas, of lying in order to get a federal pandemic emergency loan of $175,000. The siblings are also charged with laundering the money through several different bank accounts and donating some of it to Andrea Cardenas’ city council campaign.
Details of the Cardenases’ federal loan were first reported by La Prensa earlier this year.
In separate statements Monday afternoon, Mayor John McCann and Deputy Mayor Jose Preciado both said it was time for Cardenas to step down.
“These are very serious allegations that undermine the fundamental trust the public must have in their elected leaders,” Preciado wrote. “Andrea has the right to due process and the presumption of innocence in court, but the right thing for her to do now is to resign from the City Council.”
The charges arrived during what was already a chaotic time for Chula Vista politics. The city is currently in the middle of a special election for city attorney, which ends Tuesday. The March 2024 primary, where Cardenas will be up for reelection, is also just months away.
In a statement of her own yesterday, Cardenas said she hopes to defend herself against the charges.
“My intent has never been to harm or disappoint those who believed in me, both in life and at the ballot box,” she wrote. “Many conversations are taking place around me about me and what others think is the best way for me to move forward. I would like to make one thing very clear — my commitment to my community continues.”
Is Andrea Cardenas required to step down?
The short answer of whether Cardenas is required to step down is no. Like many cities, Chula Vista has no set rules for what happens when a sitting councilmember is charged with a crime.
A conviction would be another story. Chula Vista councilmembers can be removed from office if they’re convicted of a felony or another severe crime, according to the city charter.
Last year the city considered a charter amendment that would have given the city attorney the power to suspend elected officials facing felony criminal charges.
But the city council voted unanimously to remove that change from the amendment, with some council members arguing it crossed a line into punishing elected officials without giving them due process.
“I’m very concerned about what I view as a double-edged sword here,” said then-Councilmember Steve Padilla during the July 2022 meeting. “There’s a tremendous amount of risk here.”
How are people reacting to the charges?
For many in Chula Vista, the news of criminal charges filed against a sitting councilmember has brought frustration, anger and sadness. But some also said they were not completely surprised.
“It is something that I believe 100% that the DA would not have moved forward if they didn't have this proof,” said Delfina Gonzalez, who ran against Cardenas in 2020, and has filed to run again next year. “It is hurting our community.”
Several former political leaders and candidates for public office pointed out that accusations of misconduct have swirled around both Cardenas siblings for years.
The charges against Jesus Cardenas drew particular attention. He has been closely involved with the San Diego County Democratic Party, and served as chief of staff for San Diego Councilmember Stephen Whitburn.
“All you’ve got to do is Google ‘Cardenases and Democratic clubs,’ and you'll see how they created schemes to get around voting,” said former District 4 Councilmember Mike Diaz, referring to the accusations that Jesus Cardenas used fake youth Democratic clubs to influence key races in 2019. “It's always been about money and power, in my opinion, for the Cardenases. So this is nothing new.”
How will the charges affect next year’s election?
It is not yet clear how the charges will affect next year’s primary and general elections.
If Andrea Cardenas remains in office, she will face multiple challengers in the Democratic primary in March.
The San Diego County Democratic Party also confirmed to KPBS they plan to revisit their endorsement of Cardenas at their next meeting on Nov. 21.
“People have a tendency to vote for candidates just on the basis of their name because they don't know anything about them,” said Christine Brady, who has also filed to run against Cardenas next year. “So I'm happy that things are coming out into the open and that action is being taken.”
Diaz, who lost his seat to Andrea Cardenas in the 2020 election, echoed Brady’s sentiment.
“You should know who you're voting for,” he said. “I'm not saying that they should vote for (Cardenas) or against her, but they should do the research.”
Andrea and Jesus Cardenas are scheduled to be arraigned Thursday at 1:30 p.m..
