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2. CAA LEGAL COUNSEL PROVIDED BENIGN ADVICE ON HOW THE CITY CAN COMPLY WITH STATE LAW CAA has a strong track record of working collaboratively with several cities across the state. In fact, the California Business, Consumer Services and Housing Agency wrote a memo to cities that references the California Apartment Association's website as a reliable resource on local rental housing policy.'- In contrast, the staff report makes it appear the City unfairly views CAA with prejudice. CAA's actual efforts to inform are vastly different than the staffs false depiction that we have threatener) the City. Prior to April 22, CAA sent several emails to provide resources about rent freezes in other cities.3 CAA extended useful advice from our legal counsel to City staff, which essentially provided pro bono legal work to ensure the City's compliance with state law (enclosure). By carefully reviewing the letter, you will count zero references to threats, demands, or litigation. CAA's counsel simply concluded, "[i]n view of the forgoing, we would ask that you amend the Executive Order to remove Section 3, so as to comply with state law." Additionally, City staff manufactured inflammatory commentary about CAA's member newsletter (enclosure). Again, a careful review of the member correspondence will reveal zero legal threats. The article concludes, "CAA sent this letter to the city of Santa Ana, asIdne that it amend the executive order imposing the rent freeze so that it complies with Costa -Hawkins: '4 The staff report conveniently leaves out a direct reference and cherry -picks statements to fit an combative narrative. I encourage you to read all of the source documents for yourself. We remain open to alternative suggestions for the word "ask" if City staff has determined that an ask is too much of an "aggressive legal approach." As it turns out, a thesaurus provides very few synonyms. The time devoted to misrepresenting CAA simply disguises the deficiencies in the City s adoption of an unlawful rent freeze provision. I encourage the City Council to finally turn its attention to the pertinent issue at hand. 3. THE FACTS ABOUT RENT FREEZES LEGALLY AUTHORIZED BY CITIES City staff makes several arguments, but provides zero justification for the rent freeze order. City staff has failed to defend the rent freeze because of several logical fallacies (1) arguing the semantics of a rent freeze, (2) claiming that home rule can override state restrictions on rent control, and (3) referencing ordinances from five other California cities with incomplete information. First, the rent freezes effective period does not change the definition of rent control; to inhibit a change in rental rates is in fact rent control3 The semantics presented by City staff is frivolous. Second, rent control is a matter of statewide concern and not a municipal affair. For 25 years, Costa -Hawkins has prohibited cities (including those with charters) from enacting rent control on units built after 1995 and excluding certain types of properties (e.g. single-family homes). Los Angeles, Oakland, Glendale, and Concord have recently approved rent freezes within the context of the State of California's authority. Your peer cities are also experiencing public health crises, but none have gone so far as to curtail fundamental property rights as the City of Santa Ana has done. Third, the staff report suggests the City has a moral equivalency to other cities who have frozen rents, but staff failed to conduct their research thoroughly or conveniently left out important details for legally compliant rent freezes. For your convenience, CAA has prepared a more comprehensive summary with an analysis and citations in the table on the next page: (remaining page intentionally deft blank) 2https:llwvvw.bcsh.ca.gov/coronavirusl9/eviction eos_guidance.pdf 3 Emails to Kristine Ridge (City Manager) on April 13, 2020 4 https://cannet.org/caa-challenges-local-governments-over-violating-costa- hawki ns/71=542303&sfmc_sub=84420776&1=426_HT ML&u=11607615&mid=100003558&jb=77 5 Rent control as defined by Mealam-Webster Dictionary: government regulation of the amount charged as rent for housing and often also of eviction T?