Follow-up report of City Council meeting, November 26, 2012
With permission from Chris Fogel, Editor & Publisher
Posted by Kathy Meeh
Posted by Kathy Meeh
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60 comments:
Thanks to Chris Fogel, for putting all the city information in a very clear easy to read and easy to find informational site.
Thanks again
Sounds like Tod and Therese have a new rival.
Gadflies=Ian Butler
Kathy, your link goes to the wrong page.
Thanks 12:19 PM, should be okay now.
Poor zoning. Not much can be done about it now. Guess Mr. Medler didn't have the right friends in the right places to raise the right questions.
I too am thankful for Pacifica Index and Chris Fogel’s diligent, high-level coverage of city functions. I must admit I have quickly come to depend on them.
As for Roger Medler, I witnessed one of his hissy-fits at a previous council meeting, and other than the fact that it somehow involved Seaview Tire & Brake, I had no idea what he was talking about. Bill Meyerhoff is one of the most honorable, pleasant and civic-minded people I know. Who the *#! Is Roger Medler?
Seaview wanted to expand a few years ago, and had to get Medler's permission since his house is near the shop.
He gave them permission, but feels like he was double-crossed because they didn't explain how much extra noise would result from the expansion. Apparently it's pretty bad, and he says he has to listen to it from the time they open in the morning until they close.
I'm actually sympathetic to him.
Seaview tire and brake has been there for 53 years. Rodger rented the house before he bought it. Tire shops breaking tires off the rims is loud. Working on cars is loud work.
The business was there long before this guy move there.
If he wanted to really do something he would go to court to ask for an injunction. Ask Seaview to bring all things into court to see who is actually right. Rogers is asking for permits, original permits back 53 years ago. The city doesn't have those records. This has been going on for ages.
His realtor sold him the house knowing it was loud and probably didn't explain it.
If its so hard to listen to the noise he can sell and buy another house.
It sounds more like a personal vendetta then a noisy business problem.
Medler is a freak. He rented the house he lives in before he bought it. Then he added an addition. For him to come out all pissed off about noise is bullshit. He knew before he bought, or expanded his house that there was a tire shop behind him. as for zoning, can't tell you which came first, the commercial or the residential. He is nothing more than a stalker and Meyerholf had to get a restraining order to keep him off his property. So, he knew about the shop, bought the home anyway, and is now complaing! Either a dumass or someone looking for a payday.
Oh those records are somewhere. Mr. Medler is crazy like a fox. He's just had the misfortune to come up against an old-time Pacifica business.
Roger, would set up a truck and picket outside Pete's house. Then during the general plan meeting at Lacy School he set one up across the street.
It would have been easier for the city to set up a mediation long time ago for the sanity of city hall, Roger and the tire shop. But, city hall has this way of ignoring people when a problem arises.
Roger, needs to go to court and let them straighten this all out.
They had mediation and it was left at an impasse. Meyerhoff offered to build a sound wall and install landscaping. Medler wants none of it, he wants the business to close and go away. If you rent, then purchase, then expand a home near a tire shop, you are perfectly aware of the noise issues. This is an idiot issue.
It's hard to be sympathetic towards an adult acting like a child. I agreed with most of the things Tod believed and at least some of Therese's complaints (when I could make any sense of them), but they hurt their causes by acting like babies throwing tantrums.
I haven't seen this person's tirades, but his complaints sound similar to the woman who tried to block the Houmann project, only with more hysterics.
Wow Steve, you're siding with a radical anti business nimby? You are sympathetic towards Medler but you think Therese Dyre is dangerous? Your judgement of character is questionable.
Seaview Tire never did any major expansion Steve. They have operated out of the same space for over 30 years.
Roger Medler is a nutcase. Bill Meyerhoff offered to build a sound-wall, the city approved, but Medler refused to allow it and asked that the city close Seaview Tire and Brake. This is a personal vendetta by Melder who used to work for Seaview Tire. It has nothing to do with noise. The Judge in mediation said Medler was being unreasonable. Check out the giant sign in Medler's backyard behind Seaview and tell me he's not cray cray. I hope Bill sues him for harassment.
"..judgement of character.." Hutch 8:48 AM
I heard the same information as Steve (11/28, 7:06 PM), including the increased noise level. And this issue has been going on a long time. Why has the noise issue not been resolved by the shopping center owner, any elevated noise limit regulations, and the city?
Roger Medler is now almost deaf. Is there a relationship of his diminished hearing to the business increased noise level?
In any event, similar to Steve, I'm also "sympathetic". I'm not willing to write-off Roger Medler as a crank. How would anyone like to be bombarded by noise in their home constantly (assuming that's what's happening).
A solution and resolve is needed, rather than ignoring the issue, passing the buck, and judgmental comments against the alleged victim.
Roger Medler is now almost deaf. Is there a relationship of his diminished hearing to the business increased noise level?
In any event, similar to Steve, I'm also "sympathetic". I'm not willing to write-off Roger Medler as a crank. How would anyone like to be bombarded by noise in their home constantly (assuming that's what's happening).
I know Roger and his hearing is fine.
"I know Roger and his hearing is fine." Anonymous 121:14 PM.
No, Roger Medler's hearing is not "fine". It wasn't "fine" a few years ago, and its worse now. And that's why I mentioned his hearing being "not fine".
Rogers own attorney told him to take meyerhoffs offer and he refused. The judge, city all say he is not willing to deal. There's no more noise than theirs ever been. This guy is a crackpot.
Have any other neighbors complained?
Ridiculous to think this kind of noise could cause deafness
No, Roger Medler's hearing is not "fine". It wasn't "fine" a few years ago, and its worse now. And that's why I mentioned his hearing being "not fine".
November 29, 2012 11:51 AM
Seriously are you an Otolaryngoloist?
Case CIV472221 - ROGER MEDLER VS WILLIAM MEYERHOFF
Viewed Date Action Text Disposition
04/27/2010 7:00 AM DEPT. 00 HEARING RE: STATUS. - Minutes DENIED
04/22/2008 PER JUDGE BUCHWALD, TRO IS DENIED, DOES NOT QUALIF Y PURSUANT TO CIVIL PROC S527.6(B)(12)(2). -
04/22/2008 DECLARATION FOR ASSIGNMENT TO NORTH BRANCH FILED. -
04/22/2008 PETITION FOR INJUNCTION PROHIBITING HARASSMENT FILED. -
Anonymous cranky people..11:56 PM, 12:15 PM
You don't have to be the a hearing machine or specialist to understand that someone isn't hearing well. Besides I think Roger also mentioned he doesn't hear well.
True, repeated elevated noise can adversely affect hearing. As for neighbors, they may not get the same air pocket of sound that Roger gets in his location.
Having a shopping center near your home may be an advantage, but having constant noise from a tire/break auto business may be a disadvantage lowering home value, hence sale price.
Piling-on comments are not helpful. Roger is a resident of this city, and after so many years clearly he feels helpless to get resolve. I thinking the city should step-in and try to fix this with Roger Medler, whatever it takes.
"I thinking the city should step-in and try to fix this with Roger Medler, whatever it takes." The city has done this, numerous times over many years. It's futile. Ask any current or past council member about it. Old news.
"Old news." Anonymous 1:11 PM.
Well the problem is still here, so there must be some reason for that.
Possibly the city is not responding to the actual problem. Its "old news", (old unresolved news), and we're still talking about it.
Medler rented his place of residence for years before he purchased the property. He made the decision knowing he was across the fence from a place of business. Didn't seem to be a problem back then. Time for him to accept his decision and stop whining.
"the problem is still here, so there must be some reason for that."
"Possibly the city is not responding to the actual problem."
The problem is that the only solution Medler will accept is the termination of Meyerhoff's business. Other "responses to the actual problem" have been made but Medler won't accept any of them.
Hi all..Mr. Metler renting his home for a significant amount of time and then purchased the home and added on. He was there long enough to ascertain the noise level of Seaview Tire and Brake. The so-called expansion took place in 1984 which is 28 years ago. Why would someone rent a home then purchase it and add an addition if the living conditions were so bad? Something is not right here. Mr. Medler was also bringing up fire lanes and other items that are not even correct. I called the fire department and was told a fire lane was never in the rear area of Seaview. If Mr. Medler is losing his hearing, he needs to take proactive action. Why stay somewhere if you are not comfortable? I have known all the Meyerhoffs; the Dad, Tim and Bill and now their sons who have all worked in the business for almost 53 years. Mr. Medler has come to several Chamber of Commerce executive board members to complain about Seaview's lack of permits. There was a court case that required Seaview to build a sound wall and Mr. Medler did not want this. The City of Pacifica has stated Seaview has all necessary permits so please, Mr. Medler, give it a rest. You are bordering on harassment. Sorry Kathy..we will have to agree to disagree on this one.
"..he was across the fence from a place of business." 1:54 PM
Yes, but conditions must have changed. What changed? Did the Tire/break service move in later. Did the business expand. Did the noise level increase? Did sound redirect as the result of development or land factors.
Did the city, shopping center owner or State Agency check the sound level there. Is there a corrective noise regulation or ordinance?
Something must have happened beyond just saying the homeowner is a daft, and buying the property was a mistake. Apparently the issue has not been worked through, because its still outstanding. That's all I'm saying.
Possibly the city is not responding to the actual problem. Its "old news", (old unresolved news), and we're still talking about it.
November 29, 2012 1:35 PM
Did anyone offer to check zoning that is the only auto repair business on the street?
It's difficult to trust the statements of a person who:
a) acts obnoxious at council meetings
b) pickets outside council members' homes
c) won't accept mediation results
and d) lived in the house before purchasing it.
Kathy..Nothing has changed. I was at Seaview yesterday for about forty-five minutes and the only sound I heard was of one car getting the tires removed and rotated. There is not continual sound. The issue is only outstanding with Mr. Medler. The City and Seaview have done all that is required of them. If you offer to build a sound wall and the person who is complaining about the noise refuses, you tell me what the next step is?
Either something has changed in the noise level or the man has an unreasonable grudge bordering on obsession. Bad zoning and negligent planning underlies the whole thing. Normally, the city would be the more appropriate target and would have deeper pockets. This being broke-down, incompetent Pacifica, it's the business owner. Somebody better step in to settle this before it goes postal. Piling on this guy is not very bright.
Busy tire and brake shop smack dab in the middle of shops and homes. This must be Pacifica. Oh it's another nimby outrage, Bill's a great guy, blahblahblah. As if anyone attacking this resident would want that in their backyard. If it's true that he had to give his approval before the business expansion could take place then there was prior knowledge of a possible nuisance. Sometimes those things get worse. We've all seen it. The city needs to get involved and stay involved.
The issue has been worked through, over and over again. The issue is still outstanding only because Medler won't accept any solution except closing Meyerhoff's business.
I wonder why all the neighbors are not complaining?
THE CITY HAS BEEN INVOLVED. You must be dense.
Anonymous said...
THE CITY HAS BEEN INVOLVED. You must be dense.
November 29, 2012 4:35 PM
The city ignores and laughs at him.
Dense? NEWS FLASH, Anonymous 4:35 PM, it isn't working.
Maybe the city should try a different approach than the one Anonymous 5:02 PM has described: "The city ignores and laughs at him."
I have found to be true that anything that goes on this long involves something more than noise. Seavue has been there for over 50 years and the neighborhood isn't up in arms. There are noise bubbles, but they usually aren't just 50 feet wide. If you buy a home on the highway is it valid to complain about highway noise?
Whatever the beef, it isn't noise. The soundwall would have taken care of that. Was there a shortcut to the Manor Shopping Center that isn't there anymore?
Funny how the chamber board members take care of one another.
The city already spent more time on this than they ever should have. Mary Ann spent a whole day trying to help this man and he turned around and bit her in the ass.
Roger Meldler has refused his lawyers own advice as well as a judge and the city. He ended uo firing his lawyer. He is being totally unreasonable and his ONLY goal is to have Seaview Tire shut down.
You should look into the facts before you go by what someone told you.
Here is the court record of Mr Melder settling with Seaview Tire back in 2005. YES 2005!!!! http://openaccess1.sanmateocourt.org/openaccess/CIVIL/CivilDetails.asp?courtcode=A&casenumber=449394&casetype=CIV&dsn=
I drove by there today. Mr Melder has another giant sign up which is an eyesore in my opinion. There was no sound at all coming from Seaview. And there are 2 other houses much closer to the tire store than he is. Yet they never complained?
We'll just have to disagree on this one Kathy
Anonymous comments posted more than 1 hour ago, I deleted in error. Smart phone screen moved, and right next to publish is delete. Sorry, first time this has happened, hope for it to never happen again. If you recall your comments please re-post.
Hutch, Chris and anyone else, the problem for Roger Medler continues. No resolve. Obviously the tire/breaks business is not moving away and neither is Roger. So is there another resolution?
This is not a matter of "we disagree". Its a matter of finding a solution, if one exists.
I don't believe you can resolve this to Mr melders satisfaction short of closing Seaview Tire and Brake
Every issue can not be resolved especially when one party refuses to negotiate
Something very fishy about this. Council either ignores or is disdainful towards Medler. That behavior is getting to be far too common with council. Royal, they ain't!
The city spends public funds very freely. Medler is part of that public and he's not being served. The problem isn't going away, it's divisive, and is too ridiculous, even for Pacifica. Regardless of past efforts, do something NOW city council! Spend a little on a professional mediator, an impartial one with experience in these types of disputes. Psst, the city attorney will surely have recommendations for you on who to hire but don't have the city attorney hire them. OK? Be open and transparent.
The truth shall set you free.
Yes, by all means spend tons of money that we don't have on every wack job's complaint -- that's how to get this city back on track.
Cool your jets, Mo...that tax paying homeowner's complaint is extreme and very long-lived even by Pacifica's surreal standards. It also may present a conflict of interest for the city. A couple or three mediation sessions with an impartial professional mediator will cost less than those stupid iPads we (and that includes Mr. Medler) bought for council. The problem isn't going away, no matter how hard council tries to ignore it.
Kathy and everyone else, the problem is not going away because Mr. Medler will not agree to a solution. Seaview agreed to put up a sound wall and Medler refused.
This constant harassment about permits, nonexistent fire lanes and other items must cease. Seaview is not moving, been in operation for 53 years so I again ask the question of why buy a home, when you have heard the business operation noise for years before the purchase and then complain?
Yes, by all means! Just because he refused to comply with the last mediation results doesn't mean that we shouldn't shower him with more money. Our treasury is just overflowing!
This has already gone through the courts, mediation, city council, police, zoning, fire, planning etc etc etc for over seven years now.
There is NOTHING that will satisfy this vindictive nut-job short of illegally shutting down Seaview Tire. We can not continue to placate every crazy person who wants to complain for no reason. Again,two other houses are twice as close to the tire shop as Melder's but they have never complained. If he is going deaf it's probably from the voices in his head.
The man has been offered solutions and he has refused them against his own attorney's advice.
Time to start cracking down on Melder's huge illegal signs in his yard that are an eyesore and reduce property values much more than an occasional air wrench. And if he keeps harassing people at council meetings he should be banned from attending.
How's that for solutions?
sieg heil!
Maybe the city should try a different approach than the one Anonymous 5:02 PM has described: "The city ignores and laughs at him."
November 29, 2012 5:50 PM
The city council laughs and ignores anyone who differs in opinion with them
Oh yeah, hammer that old guy. Sick the attack dogs on him. That'll fix him! Hey, put him on TV. I'm sure impartial people would side with a tire and brake shop? WTF, notoriety for our dysfunction may be all we can hope for in this town. Be proud.
Some people just enjoy the drama of fighting the city. It seems this home owner is just complaining for spite and has refused any solutions offered. Yes he's a taxpayer but is it serving the greater good to spend years and money on something that's been decided over and over? At some point mr melder became a nuisance and we can't continue to waste more time and.money on this irrational uncompromising person.
Maybe he's right! Maybe there's more to this than what we've been told. Shocking possibility, I know, but he's kept at this for a long time and this wouldn't tbe the first time the city has shoved something or someone under the rug. Who knows who the real villain is in this, or if there is one?
Yeah Anon 1230, Maybe he's right and the judge, his lawyer, city council, fire dept,, planning dept, etc are all ganging up on him. Yeah that's the ticket, all these people are crazy and Roger Milder with his billboard is the only sane one. This is all a big conspiracy. That's it, hand me the tin foil hat there are chemtrails all around us. HELP.
Uh huh, unlike anon336 I wouldn't presume to know all the past or present facts, but I do know Pacifica. The rugs get bigger all the time.
It amazes me how supposed pro business people like Steve would take the side of a man who is trying to shut down a longtime business for no other reason than spite
This has been through many counciles over are you saying all of them have just let this slide. This man only wants the tire shop gone. The city has tried many times to fix this with no luck. We have spent much more than enough on this. Time to tell him it's over. The tire should sue him for as many things as they can think of.
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