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324 the appeal is good. CITY ATTORNEY REPORT RE: PROPOSED REZONING HERMAN PROPERTY, ELWOOD AND HOPKINS, Lot 2, Block 17, Redwood Highlands. City Attorney advised the Council that Mr. C. M. McMillan, attorney for Mrs. Cora Belle Herman has prepared the conditions to be placed on the property prior to the time the Ordinance was adopted and he requested that Mr. McMillan report to the Coun- cil. Mr. McMillan appeared before the Council stating that he had discussed this matter with Mr. Louis DePaoli and City Attorney Currie and they have agreed upon deed restrictions affecting the property of the applicant in this matter. The deed restrictions are: a. Establish set back lines as shown on the plot previously submitted to the Council. (20 foot on Elwood, 10 foot on Broadway, 15 foot on the southerly boundary and 5 foot to the east.) b. Any improvement placed upon the property to be two story not to exceed 30 feet maximum in height. These two aspects of the deed restrictions are to be covenants running with the P g t land. They will be a type of restriction which would permit Mr. DePaoli to ob- tain an injunction if the restrictions are violated. c. Before an improvement can be placed upon the property, the Planning Commission will have to approve the architecture. The above are the restrictions that the owner is willing to enter in to. Mr. DePaoli has indicated that he will go along with such a plan. Mr. McMillan presented a sketch of the building to be constructed to the Council. Councilman Granger stated that if he would vote for this rezoning it would not be an indication on his part that apartment houses are to be admitted on Elwood, Fulton or anywhere else. Mr. DePaoli spoke stating that he has represented the people who signed the petition protesting the rezoning and that if the Council sees fit to rezone the property, subject to certain restrictions, he will go along with their decision. He stated that this concession on his part in no way affects the protest on file and it strongly protests any rezoning other than the subject property. After much discussion regarding the rezoning, Councilman Spillers moved intro- duction of the Ordinance, seconded by Councilman Granger and carried on roll call. MISCELLANEOUS W. B. DUNCAN PROTEST RESUBDIVIDE BEDROS PROPERTY, 645 UPLAND ROAD. Letter from Mr. Duncan protesting the resubdivision was read. City Attorney Currie advised the Council that there is no method of stopping the resubdivision after it has been passed by the Council unless the Council desires to put some conditions on the subdivisions. No action was taken on the part of the Council. Councilman Royer moved that the gentleman be informed of the Council's actions by the City Clerk. Councilman Granger seconded the motion adding to it that the entire picture of why this cannot be changed be presented to the protestant. Motion carried. PARK AND RECREATION COMMISSION RECOMMENDED ACCEPTANCE OF DRINKING FOUNTAIN FROM WESTWOOD TER- RACE IMPROVEMENT CLUB FOR RETCH -HE TCHY PARK. Mr. Ralph Elliott appeared before the Coun- cil in behalf of the above club and presented the Council with an enamel drinking fountain and $100.00 for the purchase of playground equipment at Hetch- Hetehy Park. Councilman Spillers moved that the drinking fountain and monies be accepted with a letter of thanks and appreciation going to the Club and also that the Water Department install the fountain, seconded by Councilman Stout. Mr. Elliott will meet with Mr. Alfred Morton, Recreation Director, and the Park and Recreation Commission to discuss the pruchase of the playground equipment.