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There being no further speakers, the public hearing was closed. Ms. Dennis said she had visited the site and did not think the flagpole will be seen offthe property, even if illuminated. It is far away fi.om other properties and there are a lot of trees between the flagpole and Mrs. Bianchi's house. She believed the landscaping addressed any concerns and referred to the row of redwood trees. She also noted that pursuant to the Government Code, Council cannot consider aesthetic issues, so unless there is a safety issue, the state law would control. She noted that the trailer park is very brightly lit in the evening and the light from the flagpole would not be noticeable. It was moved by Ms. Dennis, seconded by Ms. Michelotti, to adopt Resolution No. 02-127, denying the appeal and approving the application to construct a 30 foot flagpole with an eagle on top (total of 31 feet), illuminated by a 75 watt bulb, and requiring it to be shut offat 10:00 p.m. Ms. Michelotti said she also visited the site. If somcone wanted to illuminate a flag in her neighborhood, she would be delighted to see it. The renewal of patriotism after the 9/11 event is important. When she visited the site, she saw that the pole is screened by trees and the illumination would not affect Mr. Chestnut's home, even though he may be able to see the flag. She saw no reason not to approve the flagpole, but did support turning the light offat 10:00 p.m. Mr. Campbell said if the flagpole is approved, Mr. Ciesielski has a fundamental right to fxeely express himself by flying whatever flag he wants, whether U.S., Polish or whatever. He also supported mining it offat 10:00 p.m. and the flag taken down when the light is off. Ms. Ayala said this is not just about the flag. She did not agree to selling him the City- owned land because she felt this situation would continue. She did not agree with what Council appeared to be recommending. Mayor Pico believed the City had the right to regulate the height of flagpoles and their placement, especially in residential neighborhoods. He was uncertain why Mr. Ciesielski wanted a flagpole in the middle of his backyard that he may not even be able to see from his home. He appreciated the sense of patriotism, but one doesn't measure patriotism by the size of flag or height of the pole. He believed the building of the pole in this location and illuminating it is not appropriate. It is taller than any other pole in a residential neighborhood he has seen. He supported the Planning Commission recommendation to lower the height and that the flag not be illuminated. Mr. Campbell thanked Mr. Chestnut for seeking a solution. He would have supported that process before this issue got to the City Council, but he felt the matter would eventually come back to Council anyway, so he preferred to make a decision at this meeting. Ms. Ayala believed it was possible that the neighbors will find a solution and for Council to approve something won't accomplish that. It is worth a try. Mr. Chestnut had to do that with a much bigger project. Pleasanton City Council 22 11/19/02 Minutes