Section 403. Eligibility of candidates.

   Candidates for city councilmember shall have all of the following qualifications at the time nomination papers are issued: (a) reside in the city, such residency having been for such period of time, if any, provided by state law for general law cities; (b) be over the age of twenty-one (21) years; and (c) be a qualified voter as defined by the Elections Code of the State of California.

(Assembly Concurrent Res. No. 148, Ch. 96, 1971; Res. No. 84 74-75 §3(c), Passed 4-8-75, Filed in Office of Secretary of State 4-21-75; Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81; Res. No. 25 84-85 §2, Passed 11-6-84, Filed in Office of Secretary of State 1-3-85)

Section 404. Repealed by Resolution No. 126 80-81, §1 (part), Measure A (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81.

Section 405. Same - Forfeiture of office for failure to attend meetings or conviction of certain crimes, etc.

   If a member of the city council is absent three (3) consecutive regular meetings, such member shall forfeit such member's office unless excused by the council for cause and so recorded in its official minutes. If a member of the city council is adjudged legally incompetent, or ceases to be an elector of the city, or is convicted of a crime involving moral turpitude, such member's office shall become vacant and shall be so declared by the council.

(Res. No. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81)

Section 406. Vacancies.

   A.   Any vacancy in the office of councilmember shall be filled for the remainder of the unexpired term by special election called by the council to elect a successor and to be held as soon as practicable. However, a special election need not be called if (1) the term of the vacant office ends less than six months from the date the vacancy occurred or, when a declaration of vacancy by the council is necessary to establish the vacancy, the effective date of the vacancy so declared, and (2) the election cannot be held earlier than the 42nd day before the next general municipal election for election of council members.

   B.   Notwithstanding subsection A, during the first 30 days of any vacancy, the council may, in lieu of calling a special election, fill the vacancy by appointment of a person qualified to be a candidate for city councilmember. The appointee shall hold office until the first Tuesday in December following the next general municipal election and until the appointee's successor qualifies. At the next general municipal election following any such appointment, a successor shall be elected to serve for the remainder of any unexpired term.

(Res. No. 75 76-77 §1, Measure B (part), Passed 3-8-77, Filed in Office of Secretary of State 5-2-77; Res. 126 80-81 §§1 and 7 (part), Measures A and G (part), Passed 4-7-81, Filed in Office of Secretary of State 6- 8-81; Res. No. 25 84-85 §1 (part), Passed 11-6-84, Filed in Office of Secretary of State 1-3-85; Res. No. 112 93-94 §1, Measure A (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94; Measure J, Passed 11-2-04, Filed in Office of Secretary of State 12-9-04)

Section 407. Repealed by Resolution No. 84 74-75 §3(b), Passed 4-8-75, Filed in Office of Secretary of State 4-21-75.

Section 408. Repealed by Resolution No. 84 74-75 §3(b), Passed 4-8-75, Filed in Office of Secretary of State 4-21-75.

Section 409. Oath of office.

   An elective officer of the city, before entering upon the duties of the office to which such officer was elected, shall take the oath of office as provided for in the Constitution of the State of California and shall file the same with the city clerk.

(Res. 126 80-81 §7 (part), Measure G (part), Passed 4-7-81, Filed in Office of Secretary of State 6-8-81.)