In-Depth Research: The Illegal Tow-Away Construction Zone Signs in the Inner Sunset

Since I had to quickly write the blog entry about the illegally posted tow-away signs in front of my house, I decided to spend this evening doing some further research about this matter.

My late grandmother taught me to raise hell and advocate for what I believe in.  She sure did that by demanding redress for all Japanese Americans forced into the Japanese internment camps during World War II, and after many years of working hard and being a leader, all survivors received a $20,000 check and an apology from the President of the United States.  Now it's my time to raise hell against Champion Cleaning, the people who thinks it's totally okay to put tow-away signs and blatantly violate several laws in the process.

Here's what I did after filing a complaint with the city:

I gave a call to SF 311 for an update about my complaint and was told the message was passed-on to the Department of Public Works' street use department, but didn't receive a response back.  The next time I can get in contact would be as early as 8AM on Friday.

I decided to call the SFPD Taraval Station and spoke with a desk sergeant.  I explained the situation and he told me to get in touch with DPT (SFMTA Parking) about the matter.  I asked if I had the right to file a police report for a company violating traffic code 33.1, and he said I can't.  I also asked him if the station had a copy of any paperwork regarding any temporary tow away zones in their jurisdiction and he said they don't have materials about that; unlike what the officer at the SFPD Richmond station told me.

Seeing no purpose of trying to call in circles, it was time to look around the city law books online.

First stop: San Francisco 311's FAQ section about construction zones

Quoted directly from the website:

How far in advance should I apply for a tow-away zone permit? 
Tow-Away No Stopping signs must first be registered at least 72 hours in advance of the effective date and time. Once registered, the signs shall be posted at least 72 hours in advance of the effective date and time in order to give the public sufficient notice.

Since the construction workers placed the signs LESS THAN 72 HOURS, it's illegal.  If you recall, the construction workers placed the sign on Thursday, July 25th at 8AM; the posted sign said: 7AM-5PM and is effective from 7/23/13 to 7/27/13.  The construction contractors should have placed the sign no later than 7AM on July 20, 2013; therefore it's a violation of numerous city laws.

But there's more from the 311 site:

What do I need to know about posting tow-away zone signs?
Tow-away signs for construction zones shall be posted in accordance with the provisions set forth in Section 33.1 of the San Francisco Traffic Code and in accordance with the following criteria:

1. Signs shall be posted only within the limits of construction.
2. Signs shall be posted every 20 linear feet of occupied space with at least one sign at each end of the occupied space.
3. Place signs on wood or aluminum backing or approved equal.
4. Mount the signs securely to existing poles, posts, on Type II barricades per Caltrans specifications, or on construction fences.
5. The Contractor shall maintain the signs on a continuous basis and shall replace damaged or missing signs daily.
6. Contractor shall remove the signs and mounting materials immediately after construction has been completed.

Okay, let's do a little in depth about this one.  They followed #1, #2, and #5 correctly.

And the rest?  #3 #4 is in violation because while they did post the signs on A-frames, they broke the law by posting some of them on traffic cones.  #6 can't be determined until the project is done.

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Second stop: San Francisco's codes and laws posted online
As per San Francisco Transportation Code, Article 1, Division 3, Section 3.4, Subsection (b) it states:

"Building Construction, Maintenance or Repair. Any temporary Parking restriction or prohibition related to building construction, maintenance, or repair in the public right-of-way shall be posted in compliance with Article 15, Section 724.3 of the Public Works Code."

This basically means the construction signage under the Transportation Code must comply with the Public Works Code or it is a violation of Section 3.4(b) of the Transportation Code.

Let's go to Article 15, Section 724.3 of the Public Works Code.
Subsection (a) basically states 72 hours advance notice must be provided when placing the construction signs.  It also mentions:

"The placard shall contain the following information: name of the permittee, a telephone number where the permittee can be reached during the hours of the permit, the duration of the permit including start and stop dates and hours of use, a geographic description of the street space occupied under the permit, the permit number, and the Department's street space hotline telephone number. The Department shall provide a placard to each permittee."

Subsection (b) basically states the proper posting of signage, such as on a-frames and poles.

Let's do a little analysis about the posted laws I'm referring to on the "second stop." Champion Cleaning who posted the signs have broken numerous codes under the Transportation and Public Works Codes:

1. They DID NOT provide 72 hours notice.
2. DID NOT provide further information on the placards (items failed to mention: geographic description of street space occupied, permit number, and street space hotline number).
3. POSTED SIGNAGE on non-approved items (traffic cones).

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Last stop: SFMTA's "Blue Book."
Since so many of these construction zone parking laws cross between Public Works, Transportation Codes, and many others, the SFMTA published a "Blue Book" as an easier way for people to understand all laws and regulations.  It basically sums up everything I've mentioned above.  If you would like to read it, click here and review section 4.

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My last words:
I've done my research, which means I have the ammo (the laws) to unleash hell.  If the city officials don't want to do their job to enforce and place a $1,000 fine against Champion Cleaning (a subcontractor of PG&E), I'll start making the round of phone calls, starting with the supervisor of my district.

If ANY CAR in my neighborhood gets either a ticket or towed in the next few days, I will fight back hard because you bastards NEVER gave minimum 72 hour notice.

Construction Tow-Away Signs Posted Without 72 Hours Notice in Inner Sunset District

UPDATE: I've referenced all applicable laws about this matter.  Click here to read.

Just this morning just before 8AM (on July 25, 2013), I left my home in the Inner Sunset District and noticed a white van in my neighborhood blocking my neighbor's driveway.

What I saw was shocking.  These two guys wearing bright yellow vests started putting up these tow-away signs on portions of my block (see photo).

When I read the signs in detail, it said construction zone is effective from July 23rd to July 27th, and during the hours of 7AM to 5PM.  The company is Champion Cleaning and their plates are definitely out-of-state.

A few things seemed very wrong about this:
(1) It's 8AM, and I know my neighbors park their car on the street and take the bus to work.  Therefore, there is the possibility their car may be towed.
(2) Today is July 25th, and the signs says the construction zone is effective two days prior.

Being overly concerned, and my morals and ethics kicking into high gear, I started making phone calls.  Here's how inefficient and stupid the process went:

(1) Called SFPD Taraval station.  The officer on the phone really didn't give a damn and told me to call SFMTA Enforcement (formerly known as Department of Parking and Traffic).
(2) Called SFMTA/DPT Enforcement, said I was referred by SFPD Taraval, and person also didn't want to be helpful and referred me to the Department of Public Works.
(3) Called Department of Public Works three times and all I got was a generic voicemail line.
(4) Called San Francisco 311, explained the circle of phone calls I've made, and the lady took down my information, the full story of the situation, and forwarded it immediately to DPW for follow-up.

While I'm currently waiting for DPW to investigate and call me about this problem.  I decided to contact a different SFPD station for more information.

Calling the SFPD Richmond station, the officer on the phone told me the following details about the laws regarding construction zone signage and enforcement:
(1) The signs must be posted at least 72 hours prior to the start of the construction zone.  In this case, it should have been posted on my street no later than July 20th.
(2) It can only be towed if the construction company requests for it.
(3) No private towing company can tow the car.  Only an authorized SFMTA tow company can do it.
(4) Permits must be on file with various agencies, including the local neighborhood police station.

So while it seems that only the construction company can request to have a vehicle towed; if they decide to go the very ugly route of calling to tow cars, there would be some very angry neighbors because there was NO ADVANCE NOTICE of 72 HOURS as per city law.  It was important for me to notify the city of the blatant violation of the law so that if a tow happens, it's on public records that I registered an official complaint against the company in question.

If you see these signs in your neighborhood and 72 hours notice was not given, please dial 311 and file a report.  If you notice cars being towed or the construction workers threatening drivers about possibility of being towed, please call SFPD dispatch at: (415) 553-0123.

BREAKING: BART Strike is OVER, Service Resumes Friday 3PM

Great news: The BART strike is OVER!

BART workers are back on the job, but trains won't be able to operate until 3PM on Friday as it takes about 18 hours to get everything back in operation.

I can't embed the video clip from the state mediator, so you can review it here: http://instagram.com/p/bX4Y5rP7wI/#

and here: http://instagram.com/p/bX52IFP7x9/#

I'm happy, but I know that people may swear BART off and take alternative ways for the rest of their life.

I also just forgot to mention, while watching KTVU, it mentioned BART management spent $400,000 on a labor negotiator.  Where did they get this kind of cash to do this?

UPDATE: Clipper Refunding Passengers Who Experienced Failed Pass Load

If you are a victim of a failed automatic loading of your monthly pass to your Clipper card and you were forced to pay e-cash for your Caltrain ride, the folks at Clipper just released this announcement:

WageWorks Update: Refunds have been issued to cards that were charged a cash fare on Monday when they should have received a Caltrain pass.
— Bay Area Clipper (@BayAreaClipper) July 3, 2013

Thank you for the good gesture Clipper.

If you want to prevent this type of mess from happening again, learn about other great options to load your passes here.

BART Strike Day Three - Ferry Fare Discounts & Tips for Stress Relief

While I am typing this blog entry, day three of the BART strike is highly likely.

Assuming if both sides can hash out a deal very soon, BART won't be able to run at full force for at least a full 24 hours, which means whatever day they restart service, only some trains are going to run.

So while most of you have been hassling through alternatives like AC Transit, ferry boats, and casual carpool, I feel the need to provide just a few tips to get you some relief:

Discounts for Oakland, Alameda, and Harbor Bay Ferries
If you are paying cash for the ferry boats listed above, you are paying more than you should.  Instead, pay with a Clipper card and pay discount prices.  Here's what you will pay:

Oakland/Alameda: $4.75 paid with Clipper.  You'll pay $6.25 with cash.
Harbor Bay: $5 paid with Clipper.  You'll pay $6.50 with cash.

Also, if by using your Clipper card, you'll also get a 50 cent discount to take Muni.  Simply use the same Clipper card and you'll pay $1.50 for the Muni ride.  When you take your return trip on Muni back to the Ferry Building, you'll also save 50 cents.

Discount for Larkspur Ferry
Similar to the discount with the above ferry services, if you take the Larkspur ferry, you'll also get a discount.  You'll pay $6.25 on Clipper, versus paying $9.50 in cash.

You also receive a 50 cent discount for Muni as well.  Take Muni away from the Ferry Building with the same Clipper card and pay $1.50.  When you return on Muni, you pay full fare ($2), but you'll get a 50 cent fare discount (on top of the $6.25 discount fare) upon entry to the Golden Gate Ferry system.

Stress Relief from Commute Hell
I got some positive Twitter reactions from these suggestions.  Why not try them out?

Talk like a pirate, dress like a pirate, and be a pirate on the ferries!

With another likely day of a #BARTstrike, lets have some fun. Dress like a pirate, ride the ferry and sing drunk pirate songs. #bart
— Akit (@AgentAkit) July 3, 2013

Sing some simple classic songs to ease that anger!  Hopefully others can sing along too!

If day 3 of #BARTstrike & you take #ACTransit, destress by having fellow passengers sing a simple song, like Row Row Row Your Boat. #BART
— Akit (@AgentAkit) July 3, 2013

[UPDATED] Clipper Card Failed to Load WageWorks Benefits

New Update: Clipper to refund passengers.  Read story here.

A BART strike is plenty frustrating for a lot of commuters and that means people will need to depend on alternate public transportation to get themselves around.

This isn't a great notice from the folks at the Clipper card program:

Due to a processing error, some Clipper cards will not load WageWork benefits until tomorrow, July 2nd. Please be sure to tag on/off today and tomorrow. We apologize for the inconvenience and thank you for your patience.

This is a huge problem.

People who uses their Clipper card didn't get their new monthly transit pass loaded or their loading of e-cash, which could have meant people either had denied rides, or had to pay e-cash instead of getting their new pass.

Akit's Opinions
Clipper should be reimbursing any passenger who had to pay out-of-pocket or e-cash if their pass did not arrive in a timely manner.  This would include people who use Caltrain's monthly passes.

I've warned people all the time about this.  If you can skip automatic loading of your transit passes, tickets, and e-cash, do it.  There are many alternatives that gives you the control, such as a commuter debit card or paper voucher.  For more information about this, click here.

Bravo Clipper.  Bravo. [Slow clap]

UPDATE: Clipper is considering refunds for those victims of this snafu.

Refunds for passengers affected by yesterday's delayed WageWorks orders are being discussed. Updates to come.
— Bay Area Clipper (@BayAreaClipper) July 2, 2013

Dear BART Management and its Unions...

This is the front page from four years ago.

Dear BART Management and its Unions:

You all suck.  That's right, you all suck.  How do you screw up this badly and now there's a transit strike?

Every four years, we the public go though this BART union contract emotional drama.

I'm going to say it right now: I'm tired of this crap.  Get your ass back to that bargaining table and I'll personally chain and padlock the damn doors until it's finished.

A few hundred strikers and some management folks versus 400,000+ daily BART passengers.  Guess who is going to kick your ass.

As one twitter user suggested: Let's mail our gas receipts to the SEIU, ATU, and BART Management and demand reimbursement for their poor judgment.

[Dis]respectfully,
Akit and a hell of a lot of angry transit passengers