Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026
RESOLUTION NO. 2026-095
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING THE APPEAL OF THE RED TAG CLOSURE
NOTICE AND RED TAG CORRECTION NOTICE ISSUED
FOR THE PROPERTY LOCATED AT 570 NORTH H
STREET, SAN BERNARDINO, COMMONLY KNOWN AS
SUNSHINE MOTEL, AND AFFIRMING THE BUILDING
AND SAFETY DIVISION’S DETERMINATION AND
ORDERS
WHEREAS, the subject property is located at 570 North H Street, San Bernardino, California 92410-3150, commonly known as Sunshine Motel , APN 013046130 ("Property"); and,
WHEREAS, Ganpati Hospitality, LLC is identified as the owner of the Property, and James Vernon Bird and/or Aveika LLC dba Sunshine Motel are identified as operators or interested parties associated with the Property; and,
WHEREAS, on or about April 29, 2026, City of San Bernardino Building and Safety and Code Enforcement staff inspected the Property in connection with a law enforcement operation conducted pursuant to a search warrant obtained and executed by the San Bernardino Police Department; and,
WHEREAS, during the inspection, City staff observed conditions including, but not limited to, unpermitted electrical alterations and additions, unpermitted construction, enclosed living/sleeping quarters or enclosed connections for which permit records could not be verified, impaired emergency escape/rescue openings, obstructed egress, missing smoke alarms, and related building, electrical, fire-safety, and life-safety concerns; and, WHEREAS, based on the observed conditions, the Building and Safety Division determined that the Property contained unsafe conditions and issued a Red Tag Closure Notice and Red Tag Correction Notice on or about April 29, 2026, restricting occupancy and use of the Property except for authorized corrective work performed under valid permits; and, WHEREAS, on or about May 5, 2026, the San Bernardino County Fire Marshal issued a notice, with photographs, regarding the red tag and fire/life -safety violations at the Property; and,
WHEREAS, on or about May 14, 2026, Appellant James Vernon Bird, through counsel, submitted a request for appeal of the Red Tag Closure Notice and Red Tag Correction Notice; and,
WHEREAS, on or about May 18, 2026, Ganpati Hospitality, LLC, Prakash Joshi, and Mina Joshi, through counsel, submitted a request for appeal of the Red Tag Closure Notice and Red Tag Correction Notice; and,
Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026
WHEREAS, the Mayor and City Council is hearing this matter as a quasi-judicial public hearing pursuant to California Building Code Section 1.8.8.1, applicable provisions of the California Building Standards Code, San Bernardino Municipal Code Sections 2.58.120 and
2.64 et seq., Resolution No. 2018-88, and all other applicable law; and, WHEREAS, California Building Code Section 1.8.8.1 requires every city, county, or city and county to establish a process to hear and decide appeals of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation of applicable building codes and other regulations governing construction, use, maintenance, and change of occupancy; and,
WHEREAS, for purposes of this hearing, the Mayor and City Council sit as the local appeals board, as applicable, to hear and decide the appeal of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation of applicable building standards and related regulations; and, WHEREAS, San Bernardino Municipal Code Section 2.58.120 authorizes the Mayor and City Council to adopt rules of procedure for the conduct of quasi-judicial hearings by resolution; and
WHEREAS, on March 21, 2018, the Mayor and City Council adopted Resolution No. 2018-88, establishing procedural rules for quasi -judicial hearings before the Mayor and City Council and other City boards and commissions; and
WHEREAS, the City Clerk caused notice of the quasi -judicial public hearing to be provided to the appellants, their counsel, affected City parties, and the public as required by applicable law; and,
WHEREAS, notice of the July 15, 2026 quasi -judicial public hearing was provided by direct notice to the interested parties, posting of the City Council agenda , and publication of a legal notice in a newspaper of general circulation , and the hearing was scheduled for July 15, 2026, at 5:00 p.m. at the Norman F. Feldheym Central Library/Bing Wong Auditorium, 555 West 6th Street, San Bernardino, California; and
WHEREAS, the Mayor and City Council conducted a duly noticed quasi-judicial public hearing on July 15, 2026, at which City staff, the appellants and/or their representatives, affected parties, and members of the public were given an opportunity to present testimony, documents, photographs, inspection records, written submissions, arguments, and other relevant evidence; and,
WHEREAS, before receiving testimony, the Mayor and City Council followed the City's quasi-judicial hearing procedures, including administration of oaths as applicable, disclosure of ex parte communications, receipt of the staff report, receipt of appellant testimon y, receipt of public testimony, rebuttal, Council questions, closure of the hearing, deliberation, and action; and,
WHEREAS, the Mayor and City Council considered the entire administrative record, including but not limited to the staff report, appeal materials, search warrant, Red Tag Closure Notice, Red Tag Correction Notice, inspection photographs, Fire Marshal materials, applicable Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026
code excerpts, public comments, appellant testimony, City staff testimony, and all other evidence submitted before or during the public hearing; and, WHEREAS, San Bernardino Municipal Code Section 2.64.070 provides that at the time of consideration of an appeal, evidence and arguments are limited to the specific grounds of appeal and matters set forth in the notice of appeal, and that the appellant bears the burden of establishing cause why the appealed action should be altered, reversed, or modified; and, WHEREAS, after considering the administrative record and all testimony and evidence presented, the Mayor and City Council find that the appellants have no t met their burden to establish why the Red Tag Closure Notice and Red Tag Correction Notice should be reversed or modified; and,
WHEREAS, the Mayor and City Council further find that the administrative record supports the Building and Safety Division's determination that the Property contained unsafe conditions requiring occupancy restrictions and corrective work before re -occupancy or reduction of restrictions; and,
WHEREAS, the Mayor and City Council desire to deny the appeal and affirm the Red Tag Closure Notice and Red Tag Correction Notice.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals - The above recitals are true and correct and are incorporated herein by this reference as findings of the Mayor and City Council.
SECTION 2. Jurisdiction and Authority - The Mayor and City Council have jurisdiction to hear and decide this appeal pursuant to California Building Code Section 1.8.8.1, applicable provisions of the California Building Standards Code, San Bernardino Municipal Code Sections
2.58.120 and 2.64 et seq., Resolution No. 2018-88, and all other applicable law.
SECTION 3. Notice and Hearing - The Mayor and City Council find that notice of the quasi- judicial public hearing was provided as required by applicable law. The Mayor and City Council further find that the appellants, their counsel, affected City parties, City staff, and members of the p ublic were provided an opportunity to be heard and to present relevant testimony and evidence.
SECTION 4. Record Considered - In reaching its decision, the Mayor and City Council considered the entire administrative record, including but not limited to:
A. The staff report and attachments;
B. Written materials submitted before or during the hearing; C. Testimony and evidence presented by City staff;
D. Testimony and evidence presented by the appellants and/or their representatives; E. Public testimony and comments; and
F. All other evidence and argument received at the duly noticed quasi -judicial public hearing.
SECTION 5. Findings - The Mayor and City Council hereby makes the following findings:
Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026
A. The Property is located at 570 North H Street, San Bernardino, California 92410- 3150, and is commonly known as Sunshine Motel.
B. On or about April 29, 2026, the Building and Safety Division issued a Red Tag Closure Notice and Red Tag Correction Notice concerning the Property.
C. The Red Tag Closure Notice and Red Tag Correction Notice were based on observed conditions at the Property, including unpermitted electrical alterations and additions, unpermitted construction, inability to verify required permits and inspections, impaired emergency escape/rescue openings, obstructed egress, missing smoke alarms, and related building, electrical, fire-safety, and life-safety concerns.
D. The administrative record supports the Building and Safety Division's determination that the Property contained unsafe conditions and that occupancy and use restrictions were necessary until required corrective work is performed under valid permits and approved inspections.
E. The appellants were provided notice and an opportunity to be heard.
F. The appellants have not established sufficient cause to reverse or modify the Red Tag Closure Notice or Red Tag Correction Notice.
G. Affirming the Red Tag Closure Notice and Red Tag Correction Notice is necessary to protect public health, safety, and welfare and to ensure compliance with applicable building, electrical, fire-safety, and life-safety requirements.
H. Nothing in this Resolution authorizes occupancy, use, or reopening of the Property, or any portion of the Property subject to the Red Tag Closure Notice or Red Tag Correction Notice, unless and until authorized in writing by the Building Official or other authorized City official following completion of required permits, corrections, inspections, and approvals.
SECTION 6. Decision - The appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued for the Property located at 570 North H Street, San Bernardino, California, commonly known as Sunshine Motel, is hereby DENIED. The Red Tag Closure Notice and Red Tag Correction Notice issued on or about April 29, 2026 are hereby AFFIRMED.
SECTION 7. Continuing Effect of Red Tag Closure Notice and Red Tag Correction Notice - The Red Tag Closure Notice and Red Tag Correction Notice shall remain in effect until the owner, operator, or other responsible party obtains all required permits, completes all required corrective work, obtains all required inspections and approvals, and rec eives written authorization from the Building Official or other authorized City official permitting re - occupancy, use, or reduction of restrictions. Nothing in this Resolution limits the City's authority to conduct further inspections, require additional corrections, issue additional notices or orders, pursue nuisance abatement, recover costs, or take any other enforcement action authorized by law.
SECTION 8. Direction to City Staff - The City Manager, Building Official, Director of Community Development & Housing, City Attorney, City Clerk, and other appropriate City officials are authorized and directed to take all actions necessary or appropriate to carry out this Resolution. The City Clerk is directed to serve a copy of this Resolution and a Notice of Decision on the appellants, their counsel, affected City parties, and any other persons required by law.
Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026
SECTION 9. Judicial Review - The Mayor and City Council's decision is final and conclusive in accordance with San Bernardino Municipal Code Chapter 2.64, subject to judicial review under applicable law. The City shall take all lawful steps to ensure that any appellant aggrieved by this decision is afforded prompt judicial review if the decision is challenged in court.
SECTION 10. Effective Date - This Resolution shall take effect immediately upon adoption.
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor and attested by the City Clerk this 15th day of July, 2026.
__________________________________
Helen Tran, Mayor
City of San Bernardino
ATTEST:
__________________________________
Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:
By: _______________________________
Sonia Carvalho, City Attorney
Resolution No. 2026-095
Resolution No. 2026-095
July 15, 2026
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-095, adopted at a regular meeting held on the 15th day of July 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 16th day of July 2026.
Telicia Lopez, CMC, City Clerk