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In Re Application Pool Hall In Re Warrants In Re Appointment Plann. Oomm. In Re Appointment Plann. Comm. In Re Operator's licenses In Re interim lease Propose~ agreement btn City & Co. of Orange (J.O.S.) In Re Administrative Officer 0n recommendation of the committee and on motion of Trustee Reed, seconded by Cheney and carried, the request of Earl Phillips, Floyd N. Phillips and Lyle V. Johnson to operate a pool hall at 220 Eo' 3rd St., was granted° . On motion of Trustee Chandler, seconded by Cheney and carried, the demands as audited by the Finance Committee were approved and Clerk authorized to issue warrants covering demands. # On recommendation of the Chairman and on motion of Trustee Martin, seconded by Reed and carried, Jasper Farney was appointed as a member of the Planning Commission, term to expire June 30th, 1952. On ~ecommendation cf the Chairman and on motion of Trustee Reed, seconded by Martin and carried, Wm. B. Moore, Jr. was appointed as a member of the Planning Commission, term to expire June 30th, 1950. # The Chief of Police reported that all City employees driving city the equipment have/required operator's licenses and on motion of Trustee Martin, seconded by Cheney and carried, the report was accepted. ~n motion of Trustee Reed, seconded by Cheney and carried, propose agreement regarding Air Base sewerage system, between City of Santa Aha, acting for the Joint Outfall Sewer, and County of Orang was referred to ~he City At{orney for proper action. The Chairman asked for discussion on appointment of Administrative Officer. The Clerk read opinion of ~arJorie Mize, Assistant City Attorney, relative to appointment of such officer. On motion of T~ustee Chandler, seconded by Ch~ney and carried, opinion was ordered spread on the Minutes and filedZ "My opinion concerning the validity of the proposed city Ordinance creating the position of administrative officer is that it would be unconstitutional and void for the following reasons~ The City of Santa Aha is organized under the Municipal Co~poration Bill applying to cities of the fifth class, which is Act 5233 of the General Laws of the State of California. That Act provides that the government of the City shall be vested in c~rtain enumerated offices in Section 751 of said Act, and provides for the term of office and the election of said officers. Section 7520 specifically provides that the office of City Manager may be created upon an ordinance sub- mitred to the people for their vote, and said Section sets out the duties of said office in detail and that said office shall not be .abolished without'the vote~Of the people. In Section 674 of this Act the City Council is given the power to pass ordinances not in conflict with the Constitution and laws of this State. The proposed ordinance in question appears to be directly in conflict with the general laws of this State in the above referred to Act. In the first place, the specifies only eertain enumerated offices and does not provide any place that other officers may be appointed by the City Council except that it provides that the City Council may appoint a Poun~m~eter, a Street Superintendent and a City Engineer. Secondly, the Act provides in detail for the office of 0ity Manager only by vote of the people, and the proposed ordinance in question seems to be an attempt to appoint a City Manager without the vote of the people. The Constitutio~, Article 11, Section 5, provides that the Legislature, by general and uniform laws, shall provide for the election or appointment of County and Municipal officers. When the Constitution declares an office tO be elective, it can not be filled'in any'other mode. There are Supreme Court oases on this point, for example, holding that ordinances creating the office of License Tax Collector and County Physician were void because cf want of power to create such offices. I would be glad to discuss this with you." Clerk read opinion of City Attorney in regard to appointment of Administrative Officer. On motion of Trustee Reed, seconded by