SB- Sunshine Motel - Attachemnt 12 Direct Notice to Appelant and Proof of Service

ATTACHMENT 12

290 North D St, San Bernardino, CA 92401 | P: 909-998-2680 | www.SBCity.org Office of the City Clerk | Telicia Lopez, CMC, City Clerk

NOTICE OF QUASI-JUDICIAL PUBLIC HEARING

BEFORE THE MAYOR AND CITY COUNCIL

CITY OF SAN BERNARDINO

APPEAL OF RED TAG CLOSURE NOTICE AND RED TAG CORRECTION NOTICE

Property Sunshine Motel
Address 570 North H Street, San Bernardino, California
92410-3150
APN 0134-051-14
City Case No. 26-2348
Council Agenda Item Public Hearing

To:

Ganpati Hospitality, LLC
Prakash Joshi
Mina Joshi
James Vernon Bird
Avezika LLC dba Sunshine Motel

c/o Frank A. Weiser, Esq.

Law Offices of Frank A. Weiser
3470 Wilshire Boulevard, Suite 614
Los Angeles, California 90010
Email: [email protected]

AND TO:

City of San Bernardino Building Official / Building and Safety Division City Attorney's Office
Other affected City parties

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Mayor and City Council of the City of San Bernardino will conduct a quasi-judicial public hearing to consider the appeal of the Red Tag Closure Notice and Red Tag Correction Notice issued on or about April 29, 2026, concerni ng the property located at 570 North H Street, San Bernardino, California, commonly known as Sunshine Motel.

Hearing Date July 15, 2026
Hearing Time 5:00pm
Hearing Location Feldheym Public Library, Bing Wong
Auditorium, 555 West 6th Street, San Bernardino,
California 92410
Agenda Information Meeting materials and agenda information will be available through the City agenda portal at
www.sbcity.org.

NATURE OF HEARING

This matter will be heard as a quasi -judicial public hearing. The Mayor and City Council will receive testimony, documents, photographs, inspection records, staff reports, written submissions, public testimony, and other relevant evidence concerning the ap pealed Red Tag Closure Notice and Red Tag Correction Notice.

AUTHORITY

The Mayor and City Council will hear this matter 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 . For purposes of this hearing, the Mayor and City Council will 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 interpretatio n of applicable building standards and other regulations governing construction, use, maintenance, and change of occupancy.

APPEALED ACTION

The appealed action is the issuance and continued enforcement of the Red Tag Closure Notice and Red Tag Correction Notice for the Sunshine Motel property. The notices concern alleged unsafe conditions, unpermitted construction, unpermitted electrical alter ations, means -of-egress and life -safety concerns, smoke alarm issues, and related building and fire-safety conditions.

ISSUES TO BE CONSIDERED

The Mayor and City Council may consider whether the Red Tag Closure Notice and Red Tag Correction Notice should be affirmed, modified, reversed, or continued, including whether the evidence supports the determination that the property contains unsafe conditions requiring occupancy restrictions and corrective work before re-occupancy or reduction of restrictions.

Quasi-Judicial Hearing Procedures

This hearing will be conducted under the City's rules for quasi-judicial hearings. Witnesses may be sworn.

Members of the Mayor and City Council will be asked to disclose any ex parte communications concerning the merits of the appeal. City staff will pres ent the staff report and recommendation. The appellant and/or appellant's representative will be provided an opportunity to present evidence and testimony. Members of the public may provide relevant testimony. The appellant may be allowed rebuttal. The Mayor and City Council may ask questions, close the hearing, deliberate, and take action.

Submission of Written Materials

Written comments, exhibits, photographs, witness lists, legal arguments, or other materials should be submitted to the City Clerk's Office no later than Monday July 13, 2026 by 5:00 p.m. to allow inclusion City of San Bernardino Page 3 of 3
in the hearing record. Materials submitted after that deadline may be accepted at the discretion of the Mayor and City Council, subject to applicable law.

LIMITATION ON ISSUES

Because this is a quasi-judicial appeal, testimony and evidence should be limited to the issues raised by the appeal and the matters relevant to the Red Tag Closure Notice and Red Tag Correction Notice. Failure to raise an issue at or before the public hea ring may limit the ability to raise that issue in a later challenge to the City Council's decision.

EX PARTE COMMUNICATIONS

While this quasi-judicial matter is pending, parties and interested persons should avoid communicating with members of the Mayor and City Council outside the noticed public hearing regarding the merits of the appeal. Any substantive ex parte communications concerning the matter may be disclosed on the record at the hearing.

ACCESSIBILITY

The City endeavors to comply with the Americans with Disabilities Act. Any person requiring assistance, auxiliary aids, interpretation, or other accommodations to participate in the hearing should contact the City Clerk's Office as far in advance of the he aring as possible at [email protected] or (909)998- 2680

ADDITIONAL INFORMATION

Additional information concerning this matter may be obtained from, and written comments may be addressed to:

City Clerk's Office
City of San Bernardino
290 North "D" Street
San Bernardino, California 92401
Phone: (909)998-2680
Email: [email protected]
Dated: June 29, 2026

Regards,

Telicia Lopez, CMC, City Clerk

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Your item was delivered in or at the mailbox at 12:17 pm on July 3, 2026 in REDLANDS, CA 92374.