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Philip Ciesielski, 4160 Stanley Boulevard, related a brief history of this property. When he purchased the property from the City, he was told that anything to be done there had to be approved by the Planning Departxnent. Mr. Ciesielski said there were no problems with any of his landscaping plans. At that time, he mentioned he would like a flagpole and Mr. Swit~ had said it would require design review. Mr. Ciesielski believed that whatever he proposed for that property, whether a gazebo, flagpole or whatever, would be opposed by the neighbors. The planner who took the application asked for a list of flags that might be flown and Mr. Ciesielski listed a bunch off the top of his head because he felt if a flag were not on the list, there would be objection to flying it. The jolly roger was put in as a joke. However, that seems to keep being repeated. Mr. Ciesielski said he has repeatedly compromised on his original proposal: he has reduced the height, he reduced the wattage of the bulb. After three weeks of negotiation, it was clear that the neighbors would not accept anything and did not want the pole. In fact, there were requests for him to withdraw the application. That was not acceptable to him. There was debate about what height he actually agreed to and he clarified that he wanted a 30 foot pole with an eagle on top, which would make it 31 feet high. He invited people to come to his property and stand where the pole would be installed and look all around and see all the trees and structures as well as the distance to the neighbors'. It is ridiculous to think the light will be a problem. The Rodondis, who live next door and would be most affected, do not object to the pole. He asked them to come to the meeting, but felt they did not want the media attention. He originally agreed to a photocell to have the light come on in the evening and go off at dawn, but he never agreed to a timer. He said only one Planning Commission came to his property to view the location of the proposed flagpole and he objected to the fact that the other four, who did not visit the site, voted against it. The Code allows a 55 foot flagpole, but he doesn't want one that high. If his flagpole is limited to 28 feet, then that should be the role for all of Pleasanton. He asked Council to review the facts and make a decision tonight. He was disappointed Mrs. Bianchi did not come because he wanted to hear her reasons for objecting to the flagpole. He did not think she would even be able to see the flagpole. Regarding lights, he noted the security lights from Mr. Wagner's trailer park illuminate his yard and he has no problem with that. He did not understand Wagner's objection to his light. In addition, Mr. Ciesielski noted there are lots of trees around the flagpole, but unless someone has come to the property, they would not know that. He asked Council to approve a 30 foot pole, with a light, and not force him to take the flag down at dusk. Joe Devane, Jr., 7080 Donlon Way #122, Dublin, attorney for Mr. Ciesielski, referred to Government Code {}434.5 which prohibits homeowners association from restricting residents to put flagpoles up. He said Mr. Ciesielski has First Amendment rights to fly whatever flag he wants, so long as it is not obscene. He again referred to the Government Code and said no government agency shall adopt rules that prevent any person from flying a flag of the United States on private property. He said a city can only set rules if they apply to public health, safety or order and not for aesthetic considerations. He said there is no way the proposed light bulb will cause problems for the surrounding properties, especially considering that the trailer park next door already has lights. He referred to a claim that the flagpole will cause traffic accidents. If that were true, then every flagpole in the city, every advertising, and the marquee at the fairgrounds should also come down. Mr. Ciesielski has already reviewed the issues surrounding the height. Council must decide that based on health, safety and public order. If the pole fell over, no one would be hurt, so there is no danger. The final issue is that this is a huge piece of Pleasanton City Council 20 11 / 19/02 Minutes