Gloria reverses Filner stop use order: Filner issued order in Jack in the Box remodel

SAN DIEGO - One of Bob Filner's last acts as mayor of San Diego was to issue an order Friday preventing Jack in the Box from using a drive-through portion of a renovated restaurant in North Park, but City Council President Todd Gloria undid the action hours later upon succeeding him on an interim basis.

Filner contended the restaurant chain violated the terms of its building permit by partially demolishing its location at 2959 Upas St. A Stop Use Order, signed by Filner, was dated Thursday and filed with the City Clerk's Office Friday.

The mayor, whose resignation was effective at 5 p.m., first called attention to the problem nearly two months ago, just days before reports surfaced that he had allegedly sexually harassed numerous women to varying degrees.

He said at a July 5 news conference that Jack in the Box nearly tore down the whole building even though the company's application to do so was denied by the city's Planning Commission. The company was given a permit for a lesser degree of remodeling, however.

Filner said the chain was building what was essentially a whole new restaurant. The existing eatery closed in May.

He initially demanded that the City Attorney's Office issue an order for the company stop work on the project.

Jack in the Box contends the remodeling job was in accordance with the permits.

Gloria said Filner's order exposed the city to liability.

"While Filner was mayor, his staff approved the permit for the renovations on Jack in the Box in North Park," Gloria said. "Before leaving office for the final time Friday, Filner issued a Stop Use Order to Jack in the Box for the same project that he had approved."

Gloria said the company used a loophole in the municipal code to continue with its project, something he would address in the future.


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