At a special meeting on Feb. 26, Chula Vista City Council unanimously adopted a resolution declaring former council member Andrea Cardenas’ vacancy from her District 4 council seat. This comes after Cardenas resigned immediately on Feb. 19 after being indicted on felony counts that include conspiracy to commit a crime and money laundering. According to FOX News Cardenas changed her plea to guilty on two charges on Feb. 27 after reaching a deal with prosecutors. The amended plea applies to the grand theft charges for unlawfully obtaining money from the federal and state government in 2020, including the federal Paycheck Protection Program assistance and unemployment benefits. Cardenas’ name remains on the March 5 ballot. Cardenas’ term was due to end in December 2024.
Pursuant to the City Charter, when a vacancy occurs with less than one year remaining in the term, Council must use its “good faith, best faith efforts” to fill the vacancy by appointment no later than 45 days after the date of declaring the seat vacant.
Also, although a new redistricting plan was approved in 2021, the boundaries for the District 4 appointment will be the 2015 Redistricting Plan, the same boundaries used when Cardenas was elected.
The timeline for appointment is as follows, although the city clerk said that special meetings could be added since the timeliness of the appointment process is short:
Application period for District 4 candidates is March 1 – March 15.
Applications are due, including required components, by March 15.
March 26, or any other date Council sets, Council will nominate applicants for interviews and set dates for interviews.
March 26, nominees must submit Economic Disclosure form.
April 9, or any other meeting dates set by Council, interview candidates.
April 11 is the deadline for Council to make an appointment.
Additional City Council meeting may be needed to continue interviews. If there are four or less candidates, it can be done in one meeting. Over four candidates would require additional meetings.
If Council does not come to consensus on an appointment, the District 4 seat would be vacant until the November elections. If appointed, the new District 4 council member may not run for office until a year after the end of their appointed term.
Council member Jose Preciado requested that verification of educational background be required of all candidates. Council came to consensus on this item and this requirement will be placed in the candidate requirements package.
“We have to follow the charter in performing our duties,” said Preciado. “And we will comply with the charter as we make a motion, and work in good faith to make an appointment.”
Mayor John McCann said getting this done in a short period of time is a lot to do.
“When we went over the timeline, it was something where we would like to go through the process much quicker, but we want to make sure that we are doing this in a very thoughtful and transparent way,” he said. “Per the city charter, the council is required to make a good faith effort and appoint somebody. So, even if you want to keep the vacant seat open, we must still go through this process.”