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Cheney and carried, City Attorneyls opinion Nc. 73 was ordered spread on the Minutes and filed: "Youhave asked my opinion as to whether or not the City Council can, by Ordinance, create the position of Administ~ative Officer 'with duties substantially as out- lined in a document handed me, which might be called a rough draft of an ordinance for such purposes. The 0ffioers of Fifth Class Cities are enumerated in Section 751, Act 5233, General Laws. Section ?52 enumerates certain other Officers which the Board of Tx-ustees may appoint. In addition to these Officers, the ~uncil clearly has the power to create positions for and employ other sub-ordinates and employees, for the City. Section 752c provides a method, other than by ~dopting a charter, for the creation of the office of City Manager and enumerates the power which such Officer shall have. The language as to powers is mandatory. This requires a vote of the electors of the City to enact. It would then appear clear that since the method for the creation of City Manager is provided by the State, the Council could not create the office without following the provisions of the statute. I believe the method set forth in said Section together with the charter provisions in the Constitution are exclusive. However, you informed me that it is not the intent of the City Council to vest any power in the Office of Administrative Officer. You stated that he would have no authority, and would likely be an assistant to the Council, who could m~e recommendations to them. Since you have the authority 2o create and fill positions for subordinates and employees, it is my opinion that you could create a position and obtain an employee to fill same. A reading of the proposed Ordinance indicates the employee would be required to attend meetings, ~o assist the Council in coordinating Government functions, to cooperate with community organizations, make recommendations to the Council, to study the work of City Government, to exercise tact, patience and courtesy and to open the mail for the City Council~ These items could be delegated to your present Secretary or any other City employee. Therefore, it is my opinion that, a new employee could be authorized for such purposes. If you desire to vest the job with any authority, I would suggest that a City Officer could be given additional functions and would probably have more .authority. Since you could hire such an employee without Ordinance, you clearly have the power to do so by Ordinance. Noble vs Cleland ? C.U. 362, 100 Pac.255. Clerk read opinion No. 74 from City Attorney. On motion of T~ustee Cheney, seconded by Chandler and carried, opinion No. 74 was received and filed. On motion of Trustee Reed, seconded by Martin and carried, Mayor was instructed to work with the City Attorney and report back to the Council with an Ordinance covering creation of City Adminis- trative Officer position. # On motion of Trustee Reed, seconded by Cheney and carried, the City Council adjourned to Tuesday, November 15th, 1949, at 5:00 PM in the APPROVED: Mayor of the City of Sant~ Ana. Council Ch.~bere. City Clerk City Council met in regular adjourned session. Meeting called to order by the Mayor. Council Chamber Santa Ana City Hall November 15th, 1949. 5:00 P.M. Present:. Trustees Absent: Trustees In Re Amendment to Zoning Ordinance - Fred & Ruth Forgy Bristol & Edinger W.J.Oheney, Courtney R. Chandler, John W. Martin Jr., Allen A. M~ndyl Virgil H. Reed. No written or oral protests were received reference amendment to Zoning Ordinance to reclas~ify certain property, being a twenty acre parcel of land $~t the southeast corner of Edinger and Bristol Streets, from the R-1 Residence District to the R-2 Residence