MHH FILES APPEAL OF LITTLE RED BUNGALOW DECISION
|Councilman Whitburn needs to hear from YOU!|
Please help us convince the City to hear the appeal filed by Mission Hills Heritage asking for a fair re-hearing before the HRB for the Little Red Bungalow!
MHH has filed an appeal of the Historic Resources Board’s September 28th decision that failed to designate historic the Little Red Bungalow at 820 Fort Stockton Street. The appeal, electronically filed with the City Clerk’s office late Friday afternoon, is based on procedural irregularities at the HRB’s September hearing that MHH says tainted the hearing.
“We’re asking for a fair hearing and what happened this past Thursday was not that,” says Lauren Carter, a MHH board member who was at the hearing on Thursday. According to others present, the property owner’s attorney was “wildly” making hand signals toward the Board as the initial vote came to Board member Taylor. “His behavior was consistent with knowing that Board member Taylor had voted the wrong way,” says another eye-witness who wishes to remain anonymous. Board member Taylor then said his vote was wrong.
The procedural Irregularities continued when the HRB’s Vice Chair then stopped the vote for a recess. During the break, the owner’s attorney approached the staff table and appeared to speak with staff, as well as Board members Taylor and Cortez. Both Taylor and Cortez ultimately voted against designation. These are possible Brown Act violations and a deprivation of due process, according to MHH’s appeal.
Another allegation is that the City failed to properly manage its agenda on the day of hearing. Staff included the bungalow, a property of high community interest, on an agenda with four other items, ultimately moving it to last in the queue on the day of the hearing. This left insufficient time for MHH and its architect to adequately make their presentations to the Board. And because the item was moved last, at least one board member left before polling of votes, potentially depriving MHH of the sixth vote need for designation.
At this point, it is not clear whether the City Clerk will accept the appeal, as the City may deem the HRB’s decision “unappealable.” Should the City accept the appeal, MHH is asking for a fair hearing before the HRB for it to reconsider whether the Little Red Bungalow is historic.
MHH is asking its members and other individuals interested in saving the red bungalow to contact these City officials to ask for the City to hear the appeal:
(1) Councilmember Stephen Whitburn (Council District 3) at 619-236-6633 or StephenWhitburn@sandiego.gov And/or
(2) Kelley Stanco, Deputy Director, City Planning Dept, at 619-236-6545 or KStanco@sandiego.gov
*** The City’s video of the proceedings did not record the recess, nor did it capture the owner’s attorney’s actions. If you attended the HRB hearing and witnessed the misconduct and/or have video or photographic evidence of the misconduct, please contact firstname.lastname@example.org