Jury Duty - a Waste of Time

I had the misfortune of getting caught up in Orange County jury duty yesterday.  At first it looked as though I'd wind up actually on the jury deciding a young man's fate on two criminal charges -- felony possession for sale of meth-amphetamine, and misdemeanor possession of a gun with the serial number removed.  He faced several years in prison, and I thought I'd be a fair juror.

The judge -- Sheila Hanson, a bright, energetic lady -- asked the early questions and two stand out.  First, she wanted to know if any juror had any experience with people who used controlled substances.  Of the prospective jurors, at least 6 in the jury box had issues with family members -- sisters, brothers, a son, nieces, and so on.  One gentlemen admitted that because of his experience with an addicted sister, he would have a real problem being fair to a "drug-dealer."  Having attended recovery meeting for years and as a result having many friends who are recovered drug-users, I told the judge that nonetheless I could be fair to the defendant and the prosecution.

I also told the judge that in addition to being a lawyer, I'd been appointed as a judicial arbitrator and served as a mediator.

The second question the judge wanted answered was whether any of us thought the drug laws were either too tough or too lenient.  Several of us on the jury thought the laws were "too tough," and my answer was to state that I agreed with  Superior Court Judge James Gray that the drug laws were a waste of taxpayer's money.  (See, http://en.wikipedia.org/wiki/James_P._Gray.) The fact is, the so-called "War on Drugs" is a total failure, and nothing is really accomplished by sending minor offenders to prison.

After the lunch break, the two lawyers had their chance to ask questions.  The young prosecutor, who I'd guess was about 30 or so but claimed 7 years of experience, asked a number of questions, none of which asked any of the jurors about their experiences with other family members or friends who or were addicted to drugs.  Neither did the defense attorney.

When it came time for the prosecutor to challenge jurors, the first person he picked was me.  By 2:30 pm in the afternoon of the first day, my jury service was over.  I did not just let it go at that.  I protested to the judge and told her that I thought my challenge had been because of my political views and was improper.  While she smiled at that, her only response was to remind me to check back downstairs with the clerks in the jury assembly room, and I was excused.

So, the young prosecutor didn't think I could be a fair juror to his side of the case because of my political views.  The local district attorney some years ago severely criticized Judge Gray for his political views on the failed War on Drugs, and now an individual juror gets the same treatment.   What could have been an opportunity for service to the community turned into a total waste of time.    

Jeffrey Road Underpass Construction Project - Flooding

After little more than 1-inch of rain, this $42 million or more brand-new roadway and underpass is now flooded and blocked.

During the December storms, the roadway was flooded and blocked for weeks (see picture). The same "FLOODED" sign is out there again today (See picture No. 2).

Large ponds of water in the roadway are surely not safe for motorists.

For $42 million, why did the residents of Irvine get a new roadway that floods in every rainfall? There appears to be a large flood drain at the bottom of the underpass, but it's not working. A pond is standing there. Was there any pumping system installed to prevent flooding? If there was, it certainly is not working. Did the contractor SEMA have in its contract any requirement that the roadway NOT flood? In other words, was there a performance specification of any kind?

The residents of the City and the 35,000 motorists who use the underpass daily are entitled to answers.

Jeffrey Road Underpass Construction Project - A Continuing Disaster

The Jeffrey Road Underpass Construction Project is a continuing disaster. This $42 million taxpayer funded project is over budget by more than $10 million, and it continues to threaten the lives, safety and property of nearby residents and citizens.

Just a few days ago, one of the contractors broke an electrical line and deprived residents of The Meadows of electrical power for several hours. Details are sketchy, and the Orange County Register ignored the episode, but anyone with a medical device or telephone operated by electricity or using the Internet lost all service for some period of time.

Contractors are continually shutting down the roadway for various periods of time. After months of clearance, the west sidewalk on Jeffrey Road was closed today (see pictures) and the concrete being dug up. Two lanes of south-bound traffic were closed. We were forced to ride our bicycle in the traffic lane, and we personally observed a worker escorting a young woman around the blockage using the traffic lane. Our wheel-chair using neighbors have been unable to use the street or sidewalk, a condition that persists today.

The bicycle lane from Jeffrey Road up to the main Walnut Bicycle Path was re-opened several months ago. It has now been closed apparently at the whim of the City and whatever contractor is putting in irrigation pipes.

The project was started in early 2008 and was due to be completed year end 2009. That got extended to December 2010, and now the City's website says it will be finished in June of 2011 - 18 months late. The City's website does not detail this delay or give any reason for it. http://www.ci.irvine.ca.us/mm/road_construction/roadConstruction.htm (click on the hardhat for the new date). Of note is that the City's website no longer references either the original cost or the new, inflated $42 million cost.

Gas Line Dangers in Irvine

Multiple large gas lines exist under streets in Irvine, including adjacent to The Meadows Manufactured Home Community. How safe are residents because of this?

The news has been filed with pictures, images and stories about the disastrous gas explosion and fires in San Bruno, a suburb just south of San Francisco. At least four residents were killed and many homes destroyed. Here's a link to one story in the SF Chronicle. http://tinyurl.com/2fa4a6v

Twice in the past two years, gas lines adjacent to The Meadows have ruptured because of City and Contractor negligence during the Jeffrey Road Underpass construction project. On both occasions, residents were evacuated. More recently, four months ago Contractor negligence led to a disastrous fire that destroyed two large trailers in a storage area and damaged many more. The burned out hulks of those two trailers still sit there as a grim reminder of this fire.

What is the City and management of The Meadows doing to ensure residents' safety? Has the City increased any inspections or required the contractor SEMA to more rigorously enforce safety rules?

Has the City or anyone demanded that the state Public Utilities Commission order all gas line companies -- not just PG&E (the owner of the San Bruno lines) -- to inspect and re-certify all gas lines? The state did issue such an order to PG&E but that company is only active in Northern California. See a copy of the PUC's Order dated Monday, September 13 to PG&E - http://www.cpuc.ca.gov/PUC/events/sanbruno.htm. In other words, the PUC is ignoring non-PG&E gas lines in areas such as Irvine.

Has the City done anything to more rigorously ensure resident safety because of the multiple large gas lines adjacent to The Meadows?

Meadows Fire - Zurich Insurance To The Rescue

At the Meadows Homeowners Association meeting last night, there was little else discussed than the fire and the Jeffrey Road Underpass project. Even Mayor Sukhee Kang was there to express his regret over the fire. More than 100 residents attended the meeting.

All reports agree that liability has been accepted by SEMA, the general contractor, and its insurance company Zurich American Insurance Co. was flying out to Orange County a special adjuster to deal with the claims. There will be an "appraiser" and claims handling person contacting those residents who suffered losses, and this team will inspect any homes or property near the fire.

Don't expect miracles. Zurich is one of the biggest insurers around and specializes in liability insurance for large contractors. Take a look at their website, http://www.zurichna.com/zna/home/welcome.htm. Companies like Zurich don't get that way being liberal in paying claims, and you can expect the adjuster to be very tight-fisted.

One tactic used by insurers is the "low-ball" offer. The adjuster looks at the claim and immediately offers a sum of money that he (or she) knows is inadequate, but promises to give you a check today. He or she will always be prepared to offer more if you the claimant hold out for it. Just don't fall for the trap of accepting the first offer.

If you lost property in the fire, you are entitled to recover the fair market value of that property. For example, a complete functioning but used travel trailer should be valued at what it would sell for on the market. A 2005 travel trailer that burns is worth for claim purposes what the same 2005 travel trailer would sell for as a used trailer at retail. Don't let the adjuster give you any false tales about "depreciation," or "betterment" or "wholesale value" or any such nonsense.

Also don't let the adjuster try to claim there's any issue about liability. This case is what lawyers often term a "slam-dunk" against the contractor. The insurance company is required to step up to the plate and pay such claims without hassling the claimants.

You can help your case by looking up online the current values of destroyed property. Even Kelley Blue Book has an RV section for trailers -- http://www.ehow.com/how_2095339_price-trailer-kelley-blue-book.html, and don't forget all the many items inside the trailer that were destroyed.

Keep track of your discussions with the adjuster, and confirm anything he or she promises in writing. For example, if she says she needs to talk to her home office, send her a letter (or an Email) confirming the conversation and any agreements reached.

If there are any problems dealing with Zurich, you can always file a complaint with the Department of Insurance. You can find details about how to do that on the DOI's website, http://www.insurance.ca.gov/contact-us/0200-file-complaint/index.cfm

Disastrous Fire Pictures

Here are pictures of the disastrous fire at the RV storage lot at the Meadows Manufactured Home park on Jeffrey Road in Irvine. Two RVs were completely destroyed, one a large motor home owned by the Jaramillo family, the other a trailer for a race car and its accessories. This fire took place Friday afternoon, April 30, at about 1:00 pm. Multiple OC Fire Authority trucks responded.

Widespread reports are that an acetylene torch being used by a Contractor to remove sound barriers erected during the Jeffrey Road Underpass project ignited cypress trees, which in turn ignited the cloth covered barriers themselves. Because of the high winds the fire quickly spread to the RVs. The City refuses to say yet what caused the fire.

Two other RVs were reported damaged.

Cinders and ash from the fire were found as far as a quarter-mile away, threatening dozens of nearby homes belonging to senior residents of the Meadows park.

Will the City promptly acknowledge its responsibility and that of its contractor for this fire? Are the residents who suffered grievous losses going to need to go through a prolonged "investigation" so the City can delay paying out proper compensation? Or, will the City try to blame the contractor and create more delay while all the insurance companies hassle over this disaster?

The City was supposed to have an Inspector on hand and present during all construction activities. Where was he and why did he permit torch-cutting during the high winds prevailing Friday afternoon?

Now I'm a News Media Guy -- More Meadows Disasters

Several weeks ago I decided that I should become an official news media guy and post online stuff about what's going on in the City of Irvine where I live, about my photography interests, and maybe rake a little muck. Among other ongoing events, I plan to write more vigorously about the disastrous Jeffrey Road Underpass construction project in Irvine. I'm also going to look closely at local and state governments' restrictions on photography that plainly violate the First Amendment of the Constitution.

The latest episode here in Irvine is a fire today at the Meadows Manufactured Home Community that destroyed two Recreational Vehicles -- one a large motor home and another a trailer used to carry race cars -- and damaged at least two others. This is the fourth such disaster at the construction site and was caused by the City's and its contractor SEMA's incompetence. One of a SEMA or subcontractor's employees was using a welding torch for cutting metal on the sound barrier along the track on this blustery, windy day, and his torch caught on fire the barrier, which spread to the RV storage area and vehicles there.

Observers noted that it was just luck or divine providence that embers from the fire did not spread to the Homes. One such ember was found 100 feet away from the fire in a resident's front yard.

Previous disasters have included two major gas leaks caused by contractors breaking gas lines, both of which caused evacuations of nearby residents' homes.

An additional recent disaster has been the damage to numerous homes, including cracks, de-leveling, extreme dust, and related damage directly caused by the construction activity. The City instead of protecting its elderly and low-income residents in this instance, is deliberately delaying the claims that have been submitted.

Residents have also complained that the company which manages The Meadows seems to always join with the City instead of more vigorously protecting its residents. Jamboree Housing's chief operating officer Mary Jo Goelzer in quotes to the Orange County Register defends the City of Irvine's requirement that Meadows residents submit formal claims and the City must investigate. May we ask, what investigation is necessary? Doesn't the City believe the residents? Does the City think the Residents are submitting fraudulent claims?

There's more to this story, and we'll post additional points as it develops, including photographs.

Send me an Email at dc1999@gmail.com if you'd like to add anything.