“This is a really awkward time,” said Chula Vista Mayor John McCann with a sigh on Tuesday.
Prosecutors on Tuesday levied another felony charge against former Chula Vista City Councilwoman Andrea Cardenas and her brother. The charges for the Cardenases came one day after she resigned her seat on the Chula Vista City Council. Her resignation and the pending state primary election left several questions looming over San Diego County’s second-largest city.
Tuesday's additional count makes it eight felonies for Andrea Cardenas and six for her brother Jesus, who operates a political consulting business. All the charges stem from fraud accusations. Andrea's attorney said Tuesday that they began the day hoping to reach a deal with the district attorney’s office.
Andrea Cardenas and Chula Vista's District 4
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“Those negotiations were not fruitful this morning,” said attorney Pedro Bernal.
The morning began with Andrea and Jesus standing in court to hear the latest felony charge added to their case.
“We have charged them with grand theft — both Jesus and Andrea Cardenas — for taking money unlawfully from the EDD,” explained prosecutor Chandelle Boyce, referencing the state's agency that oversees its unemployment insurance arm.
The brother and sister are now charged with defrauding California’s Employment Development Department by applying for unemployment insurance payments in 2020 while they were both allegedly working.
McCann said Cardenas’ resignation left an empty seat on the Chula Vista City Council. He said the remaining council members will decide next week whether to appoint a replacement to finish out her term or leave the seat vacant until November. Voters will choose new council members for Districts 3 and 4.
Making matters more difficult for Chula Vista: Andrea could be re-elected.
“Well, she's still on the ballot, and it's too late at this point to remove her from the ballot, but she's not actively campaigning, and I think I think everyone is aware of that,” Bernal explained.
Cardenas was seeking re-election. She’s one of six candidates listed on the March Primary ballot. The top two vote-getters move on to the general election in November.
“It's a very awkward situation, because what happens if she does come in the Top 2 in the ballot voting,” McCann said.
According to California State Election Code, a name can’t be removed from the general election ballot if that person was nominated in the primary. McCann said he hoped voters just cast their ballots for someone else.
“And then we won't have to deal with that situation,” McCann said, shrugging.
In the meantime, Bernal said he hoped to negotiate a deal before his client’s next hearing. Andrea faces six years in prison if she’s convicted on all eight felonies. Jesus Cardenas faces five years on his six charges.
