east valley
Volume 3 Issue 1 Mesa, AZ
July 19, 2020
Mesa bar, 21 others sue Ducey over closure BY HOWARD FISCHER Capitol Media Services
A
IN THE BIZ
Mesa bar owner and 21 other tavern operators from around the state are asking the Arizona Supreme Court to rule that Gov. Doug Ducey does not have the constitutional authority to shut them or any other business down. Attorney Ilan Wurman is not contending that there is not an emergency due to the COVID-19 outbreak. But Wurman, an associate professor at Arizona State University, said the law that gives Ducey the unilateral power to do things like close down certain businesses “unconstitutionally delegates the legislative power of this state to the governor. Among the owners he is representing is Charles Jenkins of the Of�ice Sports Bar on Gilbert Road in Mesa. The only other East Valley plaintiff is Peter Sciacca, owner of Chandler’s QuartHaus. Wurman wants the justices to not only void the law giving the governor those powers but also declare that any orders Ducey already has made under that law are illegal and cannot be enforced. Meanwhile Ducey’s top aide, Chief of Staff Daniel Scarpinato, said last week that bars likely won’t reopen anytime soon. The outcome of the legal �ight would affect not just the owners of the 22 bars around the state challenging his authority but every other kind of business that Ducey has shuttered or curtailed. And it also could affect the governor’s future ability to impose a new stay-at-home order as well as any directives he issues about when schools can and cannot open. The action is the third challenging Ducey’s powers to close businesses. A Maricopa County Superior Court judge earlier this month rejected a challenge by the Mountainside Fitness chain and last week a federal judge rebuffed a bid by EoS Fitness to reopen its 50 facilities. Public Notices ............... page 3 © Copyright, 2020 East Valley Tribune
“The court does not doubt the earnestness of plaintiffs’ desire to open their businesses, generate revenue, earn a living, and employ – and as importantly pay – others,’’ wrote U.S. Judge Diane Humetewa, adding that she recognizes “the economic and emotional hardships’’ that the closure orders can impose on people and individuals. But Humetewa said she was powerless to simply void Ducey’s orders. “In our constitutional republic, the decisions of whether, when, and how to exercise emergency powers amidst a global pandemic belong not to the unelected members of the federal judicial branch, but to the elected of�icials of the executive branch,’’ she wrote. Humetewa said a crisis like that created by the coronavirus calls for “quick, decisive measures to save lives.’’ “Those measures can have extreme costs – costs that often are not borne evenly,’’ she said. “The decision to impose those costs rests with the political branches of government, in this case, Gov. Ducey.’’ Alex Weingarten, the attorney for Xponential, argued that other businesses that remain open would be more likely places where the virus could spread – a contention the judge called irrelevant. “COVID-19 is highly contagious and continues to spread at alarming rates, requiring public of�icials to constantly evaluate the best methods by which to protect residents’ safety against the economy and a myriad of other concerns,’’ Humetewa said. Xponential has franchise operations around the state operating around the state as Club Pilates, Stretch Lab, CycleBar, Pure Barre, Yoga Six, AKT, and Row House. Central to the bars’ case is the law that both allows the governor to declare an emergency and then gives him “the right to exercise ... all police power vested in the state by the constitution and laws of this state’’ to deal with that emergency. “Petitioners have suffered great harm from being unable to operate their businesses in pursuit (USPS 004-616) is published weekly
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of their lawful occupations and ordinary callings,’’ Wurman told the justices. “They have no idea when they will be able to reopen.’’ “The ‘police power’ of a state is, in effect, its legislative power: its power of the health, safety, welfare, and morals of the people,’’ he wrote. The law that Ducey is using, Wurman said, is “a naked delegation of the state’s legislative power to the governor and is therefore unconstitutional. “There are no standards whatsoever,’’ he said. “There is no suf�icient basic standard, no de�inite policy and rule of action which will serve as a guide for the governor. And what that means, Wurman told the court, is that the law gives Ducey unfettered authority. He argues Ducey could order students to attend school only every third day. “There is, in short, literally no standard by which to judge the governor’s actions under the statute, and it therefore must violate the nondelegation doctrine,’’ Wurman said. Wurman also told the court that declaring the state’s general emergency powers statute unconstitutional would not leave Ducey or future governors without the power to deal with emergencies, including the pandemic. He pointed out – and is not challenging – various other laws giving governors powers to deal with public health emergencies. But those powers, Wurman said, are limited. “Nothing in (health law) authorizes the governor to close down petitioners’ businesses,’’ he said. The lawsuit also raises an equal protection argument, saying Ducey cannot decide that some businesses are permissible while other are not. “If the purpose of the governor’s order is to mitigate the spread of a pandemic by ensuring that businesses follow particular sanitary measures, then the governor must permit all businesses to operate who can meet those standards,’’ he wrote.
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Public Notice FAMILY COURT FIRST CIRCUIT STATE OF HAWAl’I NOTICE OF TIME AND PLACE OF HEARING (By Publication) CASE NUMBER FC-A. 20-1-6009 In the Matter of the Adoption of female child born October 29, 2008 by Steven Patrick Sabat, legal spouse of Prana Jetamia (Lackey-Macfield) Sabat, the child(ren)’s legal parent, Petitioner(s). THE STATE OF HAWAI’I TO: DAVID ANDREW PROVOST, Name of NonConsenting Parent/Legal Guardian/ Legal Custodian, 7726 Baseline Road #207, Mesa, AZ 85209, Address of Non-Consenting Parent/ Legal Guardian/Legal Custodian YOU ARE HEREBY NOTIFIED that the attached Petition of the aboveidentified child(ren) born to Prana Jetamia Sabat, the child(ren)’s mother, has been filed in the Family Court, First Circuit, State of Hawai’i. THE PETITION ALLEGES that your consent to the adoption of the above-named child(ren) by the above -named Petitioner(s) is not required and may be dispensed with pursuant to Section 578-2(c) of the Hawai’i Revised Statutes (HRS), as amended. A hearing on the Petitioner will be held on August 11, 2020 at 1:30 pm at the Family Court of the First Circuit located at the Ronald T.Y. Moon Kapolei Court-house , 4675 Kapolei Courthouse, 4675 Kapolei Parkway, Third Floor , Kapolei, Hawai’i, 96707. IF YOU FAIL to appear at the hearing noted above or if you fail to file a written response to the allegations stated in the Petition for Petition, further action be taken , including the granting of the adoption, without further notice to you. Your written response should be addressed to the : Presiding Judge, Family Court, First Circuit , 4675 Kapolei Parkway, Kapolei, Hawai’i, 96707, ATTN: SPECIAL DIVISION CALENDAR CLERK. FAILURE TO OBEY this Notice may result in an entry of default and default judgment against you. YOU ARE FURTHER NOTIFIED that the child(ren), the adoptive parent(s) , and the natural parents have rights under HRS Section 57815 regarding confidentiality of adoption records after the child(ren) reach/reaches age 18. DATE: June 23, 2020, CLERK’S SIGNATURE: /s/ R. Sabagala THIS NOTICE SHALL NOT BE PERSON-ALLY DELIVERED BETWEEN 10:00 P.M. AND 6:00 A.M. ON PREMISES NOT OPEN TO THE PUBLIC , UNLESS A JUDGE OF THIS COURT PERMITS, IN WRITING ON THIS NOTICE, PERSONAL DELIVERY DURING THOSE HOURS. In accordance with the Americans with Disabilities Act, as amended, and other applicable state and federal laws, if you require accommodation for a disability, please contact the ADA Coordinator at the First Circuit Family Court office by telephone at 954-8200, fax 954-8308, or via email at adarequest@ courts. hawaii.gov at least ten (10) days prior to your hearing or appointment date. Please call the Family Court Service Center at 954-8290 if you have any questions about forms or procedures. Published: East Valley
Tribune, June 28, July 5, 12, 19, 2020 / 31543
chart with key personnel and their affiliation). Resumes for each team member shall be limited to a maximum length of two pages and should be attached as an appendix to the SOQ. Minimum font size shall be 10-point. Please provide one (1) electronic copy in an unencrypted PDF format of the Statement of Qualifica-tions (SOQ) to Engineering-RFQ@mesaaz.gov by 2:00pm on Thursday, July 30, 2020. Maximum file size shall not exceed 20Mb. SOQ’s that are unable to be opened by City staff will not be considered for award. Submitters may request a single opportunity to verify that a test email and attachment are received and can be opened by City staff. Test emails must be sent to Engineering-RFQ@ mesaaz.gov. The City re-serves the right to accept or reject any and all Statements of Qualifications. The City is an equal opportunity employer. Delivered or hand-carried submittals must be delivered to the Engineering Department reception area on the fifth floor of Mesa City Plaza Building in a sealed package. On the submittal package, please display: Firm name and On-Call Mechanical Engineering. Firms who wish to do business with the City of Mesa must be registered and activated in the City of Mesa Vendor Self Service (VSS) System (http://mesaaz.gov/ business/purchasing/vendor-selfservice). Questions. Questions pertaining to the Consultant selection process or contract issues should be directed to Heather Sneddon of the Engineering Department at heather.sneddon@mesaaz.gov. BETH HUNING City Engineer ATTEST: DeeAnn Mickelsen City Clerk Published: East Valley Tribune, July 12, 19, 2020 / 31864
Public Notice CITY OF MESA, ARIZONA ENGINEERING DEPARTMENT REQUEST FOR QUALIFICATIONS (RFQ) NOTICE IS HEREBY GIVEN that the City of Mesa is seeking qualified Consultants for the following: ON-CALL CONSULTING SERVICES FOR WATER AND WASTEWATER PIPELINE DESIGN The City of Mesa is seeking qualified Consultants to provide design services and/or construction administration services on an oncall basis in the following area/ category: Water and Wastewater Pipeline Design Services. All qualified firms that are interested in providing these services are invited to submit their Statements of Qualifications (SOQ) in accordance with the requirements detailed in the Request for Qualifications (RFQ). From this solicitation, the Engineering Department will establish a list of on-call consultants for Water and Wastewater Pipeline Design Services. This category is further defined below: Water and Wastewater Pipeline Design project category is defined to generally include horizontal construction projects whose primary purpose is to provide, convey or otherwise directly support the provision of water and/or wastewater service to the City of Mesa’s utility customers. Projects might involve studies, new construction, extension, rehabilitation, or other modifications. Typical projects include (but are not limited to) waterlines and wastewater lines and their associated infrastructure. These projects may include any or all of the other discipline design areas and services included under other categories. A Pre-Submittal Conference will not be held. Contact with City Employees. All firms interested in this RFQ (including the firm’s employees, representatives, agents, lobbyists, attorneys, and subconsultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process. This policy is intended to create a level playing field for all potential firms, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process should be addressed to the authorized representative identified below. RFQ Lists. This RFQ is available on the City’s website at http:// mesaaz.gov/business/engineering/ archi-tectural-engineering-designopportunities. The Statement of Qualifications shall include a one-page cover letter, plus a maximum of 10 pages to address the SOQ evaluation criteria (excluding PPVF’s and resumes, but including an organization
EAST VALLEY BUSINESS
Public Notice INVITATION TO BID (ITB) INFORMATION AND INSTRUCTIONS Subcontractors and suppliers are encouraged to read the entirety of these instructions. For questions about the process, project or proposal submission, please contact the Bid Manager directly. Supplement and sample documents are for information only. Standard industry procurement procedures and negotiations will proceed bid day. Thank you for the interest in StreetLights Residential Date: July 16, 2020 Bid Deadline for Submittal: August 7, 2020, 2:00 PM Local Arizona Time Location: 1530 S. Higley Road, Gilbert, AZ 85296 (Project Construction Trailer Parking Lot NW Corner of Higley and Ray) Solicitation number: 409125-001 Project: Agritopia Epicenter Offsite Improvements Bid Manager: Courtney W. Dunlap SLR Construction Dept., cdunlap@streetlightsres.com Tel: (480) 407-2900 Contract Documents available at: https://streetlightsres.box.com/
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s/1qung0rya8nqem60kew3c0xjq qb9dtzu these files are available at no charge. Date and Location for Submittal of Sealed Bids: Sealed bids will be received at StreetLights Residential’s Construction Trailer parking lot for Agritopia Epicenter located at 1530 S. Higley Road, Gil-bert, AZ 85296 (NW corner of Higley and Ray) until 2:00 p.m. August 7, 2020, for the above project. Bids must be submitted in a sealed envelope clearly marked on the outside with the name of the Project and the solicitation number. Any bid received after the time specified will be returned unopened. It is the bidder’s responsibility to assure bids are received at the above location on or be-fore the specified time. Bids will be opened at 2:05 p.m. in the parking lot of the Construction Trailer Offices, and publicly read aloud immediately after the time for receiving bids. In the case of extensive price listings, only the bidder’s names will be read aloud, and the determination of the highest bid will be made after further StreetLights Residential’s review. Pre-Bid Conference: A pre-bid conference will not be held. Right to Reject Bids: StreetLights Residential re-serves the right to reject any or all bids, waive any informality in a bid or to withhold the Award for any reason StreetLights determines. Equal Opportunity: StreetLights Residential is an equal opportunity employer. Minority and women’s business enterprises are encouraged to submit bids on this solicitation. Published: East Valley Tribune / Gilbert Sun News, July 19, 26, 2020 / 31949
Public Notice Final Notice and Public Explanation of a Proposed Activity in a 500-Year Floodplain To: All interested Government Agencies, Groups and Individuals This is to give notice that HUD under Part 50 has conducted an evaluation as required by Executive Order 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The activity will be funded under the Section 221 d4 Mortgage Insurance Program for new construction and is located in a 100-year floodplain. The project will be known as Nevada at Commonwealth Apartments (FHA #123-35570) and consists of 5.591 acres of vacant land located at the southeast corner of Commonwealth Avenue and Nevada Street in Chandler, Maricopa County, Arizona (Latitude, 33.302921, Longitude, 111.836072). The proposed action will consist of three (3) apartment structures, one (1) clubhouse structure, landscaped areas, asphalt parking areas, an internal roadway, and asphalt onstreet parking areas along Nevada Street and Commonwealth Avenue. According to FEMA Flood Insurance Rate Map (FIRM) #04013C?2737M, dated November
JULY 19, 2020
4, 2015, the majority of the subject property is located in Shaded Zone X, designated as an area within the 500-year flood zone. A small portion of the northern edge of the site and the adjacent public roadways are in Zone AH, designated as an area within the 100-year flood zone with flood depths of one (1) to three (3) feet (usually areas of ponding) with a base flood elevation (BFE) of 1,218 feet NAVD 88. As currently designed, the proposed buildings will not be located within the 100-year floodplain. However, 0.104 acres of on-site 100-year floodplain impacts would result from the construction of landscaped areas, sidewalks, and curb and gutter associated with the Nevada at Commonwealth Apartments; and 0.40 acres of proposed off-site 100-year floodplain impacts would result from the construction of new asphalt parking spaces along Nevada Street and Commonwealth Avenue. Floodplains in their natural state provide beneficial functions for water resources, such as providing natural moderation of floods, water quality maintenance, and groundwater recharge. However, the on-site 100-year floodplain is not in its natural state as it falls within an area that has been almost completely urbanized. In the present condition of the on-site 100-year floodplain, there is no provision for retention or direction of stormwater flows on the development parcel. HUD has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values: (i) The subject property is of adequate size and the property dimensions allow for an efficient use of the site to provide the number of units required to make the project economically feasible. The relatively flat topography will allow for the development to be constructed with little required grading work to elevate the first floor of the proposed structures above the Base Flood Elevation. In addition, the subject property is in a highly visible location in the heart of Chandler within easy walkability to downtown attractions. Finally, a market study conducted by Real Property Research Group indicated sufficient demand for this type of development in the Chandler market area. As such, the location, size, and sufficient demand for this type of development is undeniable in this area. Therefore, the subject property is the ideal location for the proposed development. (ii) Alternatives were investigated for the proposed development that included evaluating alternative locations and the “no action” alternative. The following alternative sites were considered for the proposed development: E Northrop Blvd and S Copper Road, Chandler; Rt. 202 and McQueen Road, Chandler; and 12749 E Chandler Heights Road, Chandler. Based on property size, zoning, potential noise pollution, and/or the possibility of wetlands which would be impacted, these alternative sites were not deemed to be suitable
sites for the proposed development. The no action alternative is also impracticable be-cause it will not provide for the growing demand in this area. (iii) To ensure protection of lives and property, the lowest finished floor elevation of the proposed occupied structures will be elevated greater than one (1) foot above the Base Flood Elevation, per HUD guidelines, with the lowest finished floor elevation at 1,219 feet NAVD 88. The proposed use of underground stormwater retention tanks for stormwater management has been designed to minimize infrequent ponding and to restore the water storage function of the on-site floodplain. There-fore, the proposed development will create the beneficial values normally attributed to floodplain areas. Therefore, the proposed development of the property within the 100-year floodplain does not represent a risk to lives and property or natural resources and impacts to any natural attributes of the on-site floodplain will be sufficiently mitigated. HUD has reevaluated the alternatives to building in the floodplain and has determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988, are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments. This notice is being published to a) give those who have an interest in the protection of the natural environment and/or will be affected by development within a floodplain an opportunity to express their concerns and provide information about these areas; b) act as a public educational tool; and c) inform those who may be put at greater or continued risk by the Federal government’s participation in actions taking place in floodplains. Written comments must be received by HUD at the following address within 8 calendar days from the date of this publication: US Dept of HUD, Denver Multifamily HUD, 1670 Broadway Street, Denver, Colorado 80202-4801, Attn: Tim Sovold. Envelopes without a complete return address will not be opened. Additionally, all contact information must appear on the letter it-self. Mr. Sovold can be reached by telephone at (303) 839-2617. A full description of the proposed action may be viewed at the above address from 8:00 am to 4:30 pm, Monday through Friday by contacting Mr. Sovold before July 27, 2020. Date: July 19, 2020 Published: East Valley Tribune July 19, 2020 / 31904
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JULY 19, 2020
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