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Councilmember Testa seconded the motion. MOTION: It was m/s by Arkin/Testa to approve the Tangerine Plan. Motion passed by the following vote: Ayes: Councilmembers Arkin, Testa, Mayor Brown Noes: Councilmembers Balch, Narum Absent: None Mr. Wagaman stated the Tangerine Plan's District 1 has the highest API population, so it is favored for 2024 sequencing. He suggested taking the advisement from public comments and stated the Council must now assign two districts each for 2022 voting and 2024 voting. Councilmember Balch stated the representative from District 1 is terming out this year and District 3 has a representative up for 2022 reelection. He moved to have Districts 1 and 3 vote in 2022 and Districts 2 and 4 vote in 2024. In response to Councilmember Testa's inquiry, Mr. Wagaman stated the law generally trends towards having the district with the higher API population vote in 2024 but suggested legal counsel should weigh in. He added there was public testimony to have the voting be geographic and the northeast district going in 2024 but added it was specific to the Lime Plan. Councilmember Testa agreed with Councilmember Balch's motion because, otherwise, they would have to have a two-year Councilmember to represent District 1. Mr. Wagaman stated District 1 would have someone running for a four-year term if it was voted on in 2022. Councilmember Testa asked to clarify Mr. Wagaman's recommendation is to have District 1 hold its election in 2024. She added it would be vacated in 2022 by a Councilmember terming out. Mr. Wagaman stated the City will be filling two Council seats in 2022 with two at-large carryovers to 2024. He clarified a circumstance can occur where a Councilmember can be in their term but be out of sequence for not having a district to run in unless they ran early. Mr. Willis stated Mr. Wagaman described the process well. He noted the law is not 100% clear, but the CVRA forces the Council to consider public testimony and also the underlying purpose of the CVRA to help protected class minorities elect the candidates of their choice. He added this means districts with higher protected class populations should be placed in a Presidential election year when the turnout rate is higher. In response to Councilmember Testa's inquiry, Mr. Willis clarified the need to separate the people from the races. He stated the two Councilmembers elected through 2024 continue to represent the entire city. He noted the current Councilmember who resides in District 1 was never representing District 1 alone. He added there will always be four Councilmembers regardless of which districts vote in 2022. In response to Councilmember Testa's inquiry, Councilmember Balch stated his belief she is still not understanding the process. In response to City Attorney Sodergren's inquiry, Mr. Willis clarified the API element is one factor, but others can be considered in assigning the sequencing. He added the legal standard is not completely clear. Mayor Brown noted the variance is small, ranging from 27.4% to 30.3%. City Council Minutes Page 13 of 14 February 24, 2022