CHULA VISTA, Calif. — The Chula Vista City Council has taken the next step in replacing former Councilwoman Andrea Cardenas, who resigned last week amid charges of fraud.
In a special meeting Monday night, Andrea Cardenas' council seat was officially been declared vacant. Now, Chula Vista City Council has 45 days from that declaration to make a temporary appointment to the District 4 seat: an appointment that would last for about eight months.
While city leaders are not technically required to appoint someone to fill the empty district four seat, under Chula Vista's city charter, they must make a "good faith effort" to select someone: a far less expensive alternative to holding a special election.
"Because there is less than a year left on the term, we can only appoint, we cannot elect anybody," said Chula Vista mayor John McCann.
In the meantime, a permanent District Four representative will be elected by voters later this year.
While former council member Andrea Cardenas - who resigned earlier this month amid a growing number of fraud charges she's facing -- will remain on next week's primary ballot, her attorney confirms she is not actively seeking the seat.
Andrea Cardenas sent a memo to colleagues two weeks ago announcing her decision.
"In an effort to prioritize my mental health, and the health of my community, I have made the very difficult choice to formally resign effective immediately from my position as Councilmember for our City's 4th District," she wrote. "It has been an honor and privilege to serve my community and work alongside all of you."
Cardenas and her brother, Jesus Cardenas, are now each facing an additional charge of grand theft in connection with allegedly taking funds unlawfully from the state's Employment Development Department sometime between April and December of 2020, during the early months of the coronavirus pandemic.
Regarding the new grand theft count, Andrea Cardenas' defense attorney, Pedro Bernal, said his client is accused of applying for unemployment insurance without a valid reason.
"Like millions of Americans, she applied for unemployment insurance during that period of time and we still have to review the evidence to see if mistakes were made," he said.
The initial charges filed last year stem from allegations that the siblings fraudulently obtained a $176,227 Paycheck Protection Program loan in early 2021 intended for their firm, Grassroots Resources, then used the funds on personal expenses, including a $33,500 check to Andrea Cardenas' Chula Vista City Council campaign account.
The siblings have pleaded not guilty to all charges.
Cardenas remains on the ballot for Chula Vista's District 4 council seat. Bernal said it was too late to remove her from the ballot, but Cardenas is not actively campaigning.
If the council is unable to make an appointment during the prescribed 45-day time period, the seat shall remain vacant for the remainder of the term through December 2024.
Watch Related: Chula Vista Councilwoman resigns, new charges filed in criminal case (Feb 20, 2024)