Acting Mayor Gloria rescinds Filner stop-work order for restaurant

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Bob Filner enters the San Diego council chambers to announce that he is resigning as mayor as his supporters applaud in the background. He was publicly accused of sexual harassment by many women. (Don Bartletti / Los Angeles Times)

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In the San Diego City Council chambers Bob Filner announces he is resigning as mayor. (Don Bartletti / Los Angeles Times)

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As Bob Filner addresses the City Council, the official San Diego city statement is projected on a screen. (Don Bartletti / Los Angeles Times)

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San Diego City Council President Todd Gloria, right, listens to public comment about Mayor Bob Filner during a special meeting in the council chambers. Later in the afternoon, Filner appeared and announced his resignation, with Gloria appointed interim mayor. (Don Bartletti / Los Angeles Times)

By Tony Perry

Aug. 30, 2013 5:58 PM PT

SAN DIEGO - As his last apparent act as mayor, Bob Filner issued a stop-work order for a Jack in the Box expansion in North Park.

As his first act as acting mayor, Todd Gloria rescinded the order.

At issue is whether Jack in the Box played fast and loose with city rules by rebuilding a restaurant much larger than neighbors thought was permitted. Neighbors complained bitterly that the expanded restaurant would bring added noise and traffic to the area.

In an order signed Thursday, and made public Friday, Filner ordered that all work be stopped.

But within minutes of Filner’s forced resignation, Gloria and the city’s chief operating officer, Walt Ekard, rescinded the order.

Gloria noted that Jack in the Box officials seem to be exploiting a loophole in the city code. The loophole, involving rules about buildings being torn down, must be changed so no other neighborhood goes through a similar controversy, he said.

“Bob Filner’s last act was symbolic of his entire tenure as mayor: it was contradictory and exposed the city to liability,” said Gloria, noting that Filner’s staff had approved the renovations for the restaurant.

The rules for renovations need to be changed, Gloria said. “Unfortunately, Mayor Filner didn’t see fit to change the rules while he was in office, but I’ll clean that mess up too,” he said.

As the City Council president, Gloria became acting-mayor at 5:01 p.m. after Filner’s forced resignation amid allegations of sexual harassment of women.

An election for a successor to fill Filner’s final three years is set for Nov. 19, with a possible runoff in January.

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Twitter: @LATsandiego

tony.perry@latimes.com