The Brief

Tuesday is the final day for constituents of Santa Ana Councilmember Jessie Lopez to vote on whether she should remain in office. The outcome of the controversial recall — which is mired in legal dilemmas — could determine whether Orange County's second-largest city continues to lean in favor of policies like rent control and police oversight, or does an about-face.

Here's what you need to know:

Why is Jessie Lopez facing recall?

The recall is primarily backed by the Santa Ana Police Officers Association, which has spent more than $500,000 on the recall effort since January. Real estate groups have also kicked in at least $223,000 for the effort, including $100,000 from the National Association of Realtors.

Tim Rush, a real estate executive who chairs the recall campaign, cited Lopez's voting record in favor of rent control and cutting the police budget as primary reasons for the recall. Rush told LAist that Lopez's politics were "very, very liberal" and that she had an "anti-business sort of philosophy."

"[Lopez] wants to portray it that it's the corrupt police union [funding the recall effort]," Rush said. "But that isn't, by any means, all of it. … The money that's poured into this campaign has a lot to do with business owners and property owners who are upset over rent control."

Santa Ana is the only city in Orange County with a rent control ordinance. Its policy restricts rent increases to 2.54% through the end of August 2024. A handful of cities in L.A. County also cap rent increases under 3%.

You can read more from recall proponents here.

Santa Ana Councilmember Jessie Lopez was elected in 2020 to represent the city's Ward 3.

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City of Santa Ana

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What do her supporters say?

Lopez's supporters say her actions on the city council have led to greater police oversight and helped low-income residents fight unjust evictions and steep rent hikes. She has also noted that she voted in favor last year of increasing the number of police officers by 24 positions.

Lopez's effort to fight the recall is backed by community members, local Democratic leaders, including county Supervisor Vicente Sarmiento, and several unions. These include the United Food and Commercial Workers, which has contributed close to $25,000.

In all, Lopez has raised around $200,000 to fight the recall.

Hairo Cortes, executive director of the Latinx youth advocacy group Chispa, said if Lopez loses her seat on the Santa Ana City Council, it could also mean the end of the council majority that championed policies like rent control, for which his group has advocated for years.

"It really is about losing the gains that the community has made if this recall were to be successful," Cortes told LAist.

You can hear more from Lopez and supporters here and here.

What are the legal issues with the recall?

A couple of weeks ago, the Orange County Registrar of Voters made a late discovery that the recall election was based on bad data.

Specifically, the city used population data and geographic boundaries from Lopez's current district when it should have used information from when voters first elected her in 2020, before redistricting took place.

Using the correct data, the registrar determined that the recall petitioners didn't actually collect enough signatures to trigger an election. And nearly 1,200 voters who should be able to vote didn't get ballots.

A Santa Ana voter who said they should have gotten a ballot filed a legal complaint asking for an injunction. But an O.C. Superior Court judge denied that request last week and said he won't make a ruling until after the election.

So, the election is going forward according to its original parameters.

Lopez told LAist she and her legal counsel are still considering options for challenging the election. And she noted that she and her supporters already have one previous legal claim pending in which a supporter alleged that recall proponents were lying to voters to get their signatures for the recall petition.

"This election is not about me anymore. The issues are so much bigger," Lopez told LAist last week. "The voters need to make a decision who they really want to represent them, special interests that push policies that harm working class people, or people who were born and raised in this city who are always willing to listen to their concerns."

Who gets to vote?

Lopez is encouraging constituents who didn't get a ballot to request a provisional ballot and vote.

It's unclear whether those ballots would be counted — O.C. Registrar Bob Page told LAist last week he intends to administer the election based on the current district boundaries and voter population initially approved by the city. That means voters who live in the city's current Ward 3.

You can look up your address on the city's interactive map.

How can I vote?

Mail-in ballots must be postmarked by Nov. 14.

Two vote centers are also open on Tuesday from 7 a.m. to 8 p.m. at the following addresses:

• O.C. Health Care Agency - Public Health Learning Center, 1729 W. 17th St., Building E, Santa Ana
• O.C. Registrar of Voters, 1300 S. Grand Ave., Building C, Santa Ana

Voters can also take ballots to one of three official drop boxes up until 8 p.m. Tuesday:

• O.C. Health Care Agency, 1725 W. 17th St., Santa Ana
• Orangewood Foundation, 1575 E. 17th St., Santa Ana
• O.C. Registrar of Voters, 1300 S. Grand Ave., Building C, Santa Ana

An East Hollywood nursing home that nearly lost its license this year because of repeated state citations for deaths of residents at the facility was cited again last month after another person died.

The California Department of Public Health cited Brier Oak on Sunset after a 92-year-old resident bled to death on Sept. 27. Staff members had continued injecting her with blood thinners over a 40-hour period in violation of clinical guidelines.

It’s an AA citation, the most severe the department issues when violations of care standards are determined to be a substantial factor in someone’s death. The facility faces a $120,000 fine.

These kinds of citations are rare. The department has recently issued, on average, fewer than 20 AA citations yearly across more than 1,200 skilled nursing facilities in California.

Brier Oak has received three AA citations for patient deaths since late 2022.

State regulations require authorities to suspend or revoke the licenses of any facilities that get two AA citations within a period of 24 months.

The state Public Health Department began that process with Brier Oak in May based on resident deaths in 2022 and 2024. But officials dropped that effort later because they say they determined the two patient deaths had occurred 26 months apart — just outside of the two-year window.

A spokesperson for the company that owns Brier Oak told LAist it has appealed the first two citations and is considering whether to appeal the third.

Advocates for nursing home residents say the recent death could have been avoided if the state had taken action.

“There were red flags, and a lot of these red flags existed prior to the death of this poor resident,” said Tony Chicotel, senior staff attorney with  California Advocates for Nursing Home Reform.

The state said Brier Oak has until Dec. 19 to notify the department if it intends to appeal.

What led to the patient deaths?

In the recent death at Brier Oak cited by the state, multiple communication and technical failures by nursing staff led to the patient bleeding out over a period of 40 hours, according to the citation.

The 92-year-old patient was immobile and had been prescribed a blood thinner called heparin to help prevent blood clots from forming. But once a patient is bleeding, those injections make bleeding worse, and potentially fatal.

When nursing staff found bright red blood in the resident’s diaper the day before she died, Brier Oak failed to follow established processes for documenting the bleeding or communicating it to a nurse practitioner or medical doctor, according to the citation.

Nurses told state authorities they delayed informing physicians because they “get mad” when contacted in the middle of the night.

The facility’s staff also failed to fully assess the patient to determine the possible causes of the bleeding and or to properly monitor the issue during crucial periods, according to the citation.

She suffered four internal bleeding episodes over 40 hours and continued to receive blood thinner injections.

The citation says a nurse practitioner at Brier Oak told state licensing authorities later that if she’d been informed about the patient’s ongoing bleeding, she would have stopped the blood thinner and sent her to a hospital.

In 2022, Brier Oak received a AA citation after a 62-year-old woman died from respiratory failure in part because nurses hadn’t been trained to operate her breathing machine.

In 2024, the nursing home got another AA citation. This time, a 63-year-old woman with paraplegia and severe obesity fell from her bed and died while a nursing assistant was changing her. The assistant was alone, even though the woman’s care plan required two staff members.

Who owns Brier Oak?

Brier Oak on Sunset is primarily owned by Genesis Healthcare, a publicly-traded nursing home operator that filed for Chapter 11 bankruptcy in July.

Once the largest nursing home operator in the U.S., Genesis was facing billions in debt when it declared bankruptcy, according to court filings. That includes millions in potential damages from lawsuits related to patient care failures.

In a brief statement to LAist, a company spokesperson said it's still considering whether or not to appeal the recent citation at Brier Oak.

The citation should trigger a suspension or revocation of the facility's license, according to state regulations. The latter means it would have to close its doors. The two most recent deaths and citations at the facility occurred within the two-year window.

The California Department of Public Health confirmed it cited Brier Oak on Nov. 26.

The department said the facility submitted a required written response before a Dec. 6 deadline, showing how it will fix the problems and prevent them from happening again..

The department determined Brier Oak was back in compliance during an onsite visit last week, a representative told LAist.

Brier Oak on Sunset currently houses about 150 patients, according to state records.

A bankruptcy judge has stalled the proposed sale of Genesis Healthcare to an affiliate of one of its investors.

Experts say it’s unclear whether the state would revoke the license of an owner who is actively trying to sell and turn over operations to someone else.

It’s been a rough start to ski and snowboard season for California mountain towns. Snowfall is well below average, but Christmas could come with some of the white stuff. Here's where things stand:

Hmmm. Didn’t we just have a record storm?

Yes. That big atmospheric river that hit Southern California last month made it one of the wettest Novembers on records. But since then, it’s been unusually warm and dry, which is not good for mountain towns that depend on snow, and the outdoor enthusiasts that flock to them.

How bad is it?

California’s snowpack is about 20% of normal for this time of the year, according to the state’s snow-tracking website. Southern California isn’t quite as bad off — we’ve gotten about half our normal snowfall so far.

As for the resorts, only about 20% of the terrain at Bear Mountain in Big Bear is open. About 35% of Mammoth Mountain is open.

Can’t they just make snow?

They are, but the unusually warm temperatures have curbed resorts’ ability to make enough snow to open more terrain. “If you're blowing water into 40-degrees, it's going to stay water,” said Justin Kanton, a spokesperson for Big Bear Mountain Resort. “ So as much as people probably would want us to just crank the snow guns all day, every day up here and just get things moving, that's not really possible.”

But there’s a silver lining!

The dry weather has allowed Caltrans to make good progress toward opening Highway 38, said Evan Engle, who chairs the board of the Big Bear Chamber of Commerce. The road typically handles up to 40% of traffic up to the mountain town, Engle said. But it’s been closed since September when it got washed out by Tropical Storm Mario.

Getting it open as soon as possible is key to keeping visitor traffic manageable, and getting supplies to Big Bear.

What’s the snow outlook?

SoCal mountains are likely to see some precipitation around Christmas, said Kyle Wheeler, a meteorologist with the National Weather Service. But with temperatures not expected to drop much, it’s uncertain how much of it will be white, Wheeler said.

If you go to Big Bear: 

• If you plan to hit the slopes, get on it early, when the snow is at its best given the warm conditions. 
• No snow? There’s more to do than ski and snowboard. Check this list of winter fun events.  
• Worried about traffic? Consider going up earlier in the week. If you can’t do that, consider taking Highway 18 through Lucerne Valley. It’s a longer route if you’re coming from L.A., but less traveled, and less likely to make you car sick (fewer tight curves). 

The Los Angeles Police Department used more than 2,400 crowd control munitions in response to protests from June 6 to 14, according to a new report.

Officers used a total of 2,431 less-lethal projectile rounds and 35 canisters of tear gas over the nine days, according to LAPD reports. The department recorded 12 injuries officers caused with those weapons.

The LAPD released the missing report last week after LAist identified the use of crowd control weapons on four different days in June that had not been reported according to state law. Assembly Bill 48, which went into effect in 2022, limits when and how crowd control weapons can be used, and requires law enforcement agencies to publicly release reports on their use within 60 days.

A 30-day extension for these reports can be granted in some cases, but the LAPD released this report about three months late even if an extension was justified.

Officials acknowledged they were out of compliance on Dec. 10 before releasing the report, saying the delay “stems from the extraordinary volume and complexity of incidents” over that time.

This report is different from others

It is unusual for a crowd control report to include more than one day, and the report for June 9 through 14 covered six days and “45 sepearte [sic] non categorical use of force incidents.”

It does not describe any of those use of force incidents specifically, and the LAPD has not yet responded to LAist’s request for more detailed descriptions of those incidents.

The report also considered the entire six days to have been one continuous protest, though it included several anti-ICE protests over the week and the national “No Kings” protest on June 14.

Two reports released earlier this year for June 6 and 8 covered single days and provided more detailed descriptions of incidents where the LAPD used less-lethal munitions against protesters.