Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 1 of 20 Page ID #:17754 1 2 3 4 5 6 7 8 9 JAMES E. BROWN, Assistant County Counsel (SBN 162579) KELLY A. MORAN, Deputy County Counsel (SBN 267147) OFFICE OF COUNTY COUNSEL 3960 Orange Street, Suite 500 Riverside, CA 92501-3674 Telephone: (951) 955-6300 Facsimile: (951) 955-6363 Email: Jebbrown@rivco.org kmoran@rivco.org ARTHUR K. CUNNINGHAM, SBN 97506 LEWIS BRISBOIS BISGAARD & SMITH LLP 650 East Hospitality Lane, Suite 600 San Bernardino, California 92408 (909) 387-1130 - Phone (909) 387-1138 – Fax Email: Arthur.Cunningham@lewisbrisbois.com 10 11 Attorneys for Defendant, COUNTY OF RIVERSIDE 12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 QUINTON GRAY, et al., on behalf of themselves and all others similarly situated, Plaintiffs, 17 18 v. 19 COUNTY OF RIVERSIDE, Defendant. 20 21 22 23 24 25 26 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. EDCV13-0444 VAP (OP) CLASS ACTION COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) (Filed concurrently with: Declaration of James E. Brown; Declaration of Bonnie Carl; Declaration of Dr. Matthew Chang; Declaration of Thomas Hyland; and Declaration of Misha Graves) JUDGE: Hon. Virginia Phillips DATE: TBD TIME: TBD COURTROOM: 8A LOCATION: 350 W. First Street, Los Angeles, CA 90012 27 28 1 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 2 of 20 Page ID #:17755 1 2 TABLE OF CONTENTS 3 Page 4 5 6 I. BACKGROUND AND FACTS ............................................... 4 II. LEGAL ARGUMENT................................................................ 8 7 A. Plaintiffs have failed to Adhere to the Procedure Requirements 8 9 Outlined in the Consent Decree and thus their Emergency 10 Motion is Improper ................................................................ 8 11 B. Plaintiffs’ Request for Modification of the Remedial Plan 12 13 Is Improper ............................................................................ 14 10 C. Plaintiffs’ Requested Relief is Barred by the Prison 15 Litigation Reform Act ........................................................... 16 17 12 D. The Court Must Give Deference to the County and the 18 County’s Record of Responsiveness to the COVID-19 19 20 Pandemic ............................................................................... 14 CONCLUSION........................................................................... 19 21 22 III. 23 24 25 26 27 28 2 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 3 of 20 Page ID #:17756 1 TABLE OF AUTHORITIES 2 3 4 5 Cases Cf. Parsons v. Ryan, 912 F.3d 486, 501 (9th Cir. 2018) ..................................................... 11 Coleman v. Brown, 922 F. Supp. 2d 1004, 1048 (E.D. Cal./N.D. Cal. 2013) ..................... 11 6 7 8 9 Gates v. Rowland, 39 F.3d 1439, 1448 (9th Cir. 1994) ....................................................... 15 Griffin v. Gomez, 741 F.3d 10 (9th Cir. 2014)..................................................................... 15 Michenfelder v. Sumner, 860 F.2d 328 (9th Cir. 1988) ....................................................... 15 10 11 12 13 O’Lone v. Estate of Shabazz, 482 U.S. 342 (1987) ............................................................. 15 Procunier v. Martinez, 416 U.S. 396, 405 (1974) ............................................................... 15 Rufo v. Inmates of Suffolk Cty. Jail, 502 U.S. 367 (1992) ................................................... 11 14 15 16 17 Sandin v. Conner, 515 U.S. 472, 482-83 (1995) ................................................................. 15 Thornburgh v. Abbott, 490 U.S. 401 (1989) ........................................................................ 15 Turner v. Safley, 482 U.S. 78, 84-85 (1987) ........................................................................ 15 18 19 20 Statutes 18 U.S.C. § 3626(a)(1)(A) ............................................................................................. 12, 14 21 22 Other Authorities 23 Prison Litigation Reform Act ..................................................................................... 7, 12, 14 24 25 Rules 26 Rule 60(b)(5) ........................................................................................................................ 11 27 28 3 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 4 of 20 Page ID #:17757 1 2 TO THE PLAINTIFFS AND THEIR COUNSEL OF RECORD: DEFENDANTS, COUNTY OF RIVERSIDE (hereinafter the “County”) hereby offer 3 4 the following Opposition to Plaintiffs’ Emergency Motion to Enforce, or in the Alternative 5 Modify, the Consent Decree (Docket No. 177). 6 I. 7 8 9 10 BACKGROUND AND FACTS These are unprecedented times. To date, the worldwide pandemic of COVID-19 disease, also known as “novel coronavirus,” has infected over 1.5 million individuals 11 12 worldwide in over 180 countries and is implicated in over 94,000 worldwide deaths, 13 including over 1,200 cases and 33 deaths in Riverside County. In response to this healthcare 14 crisis, the County, and the elected officials and employees therein, have been working 15 16 around the clock to determine how to best meet the needs of all residents. From the youngest 17 to the oldest, the inmate to the un-incarcerated, and the unsheltered to those residing in 18 mansions, the County is focused on protecting the health and safety of the more than 2.4 19 20 21 million people within its boundaries. The County shares many of the concerns expressed in Plaintiffs’ Emergency Motion 22 to Enforce, or in the Alternative Modify, the Consent Decree (Motion) relating to the 23 24 potential impact that COVID-19 could have upon the County’s correctional system, 25 including inmates and staff. It is for this reason that the County has taken the following 26 27 28 extraordinary and unprecedented proactive measures (among many others described in greater detail herein and in the declarations filed in support of the County’s Opposition) 4 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 5 of 20 Page ID #:17758 1 designed to slow the spread of COVID-19 and to protect the health and well-being of those 2 who live and work within the County’s correctional facilities: 3 4 5 6  All inmates are pre-screened prior to booking per the guidelines issued by the Centers for Disease Control and Prevention (“CDC”). Inmates are subsequently housed at the hospital, placed in quarantine, observation, or 7 8 9 housed according to their classification, per medical staff.  The movement of inmates who test positive and those who are symptomatic are 10 11 12 13 14 15 16 17 tracked by staff to determine possible exposure and address accordingly.  All inmate work crews receive temperature checks prior to working in the facility and around food.  Unlimited soap is provided to all inmates free of charge.  A CDC recommended cleaning solution is provided to inmates throughout the day and after every meal to sanitize inmate areas. 18 19 20 21  Incoming and outgoing inmate mail rests in paper bags prior to handling and processing.  Most meals are served in disposable mediums. 22 23 24 25 26 27  Inmate movement is restricted to only when absolutely necessary both within a single facility and throughout the Corrections Division as a whole.  All inmates and staff have been issued face coverings per the CDC guidelines, which are to be worn at all times. 28 5 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 6 of 20 Page ID #:17759 1 2  Inmate programs were modified to provide for educational and rehabilitative services absent staff contact to promote social distancing. 3 4 5 6 7 8 9  Dayroom time is implemented in ¼ tier dayroom increments to limit the number of inmates in a common space and provide for social distancing.  Inmates in dayrooms are regularly directed to adhere to social distancing requirements.  Dayrooms and common areas are sanitized with CDC approved cleansers 10 11 12 13 between use by inmates.  Inmates receive education on personal hygiene, hand washing, social distancing, and prevention of the spread of the coronavirus via the inmate 14 15 16 17 dedicated channel, which is broadcasted on televisions within each dayroom.  No non-law enforcement individuals are permitted to come in contact with inmates. 18 19  Because personal visiting was cancelled as a result of the COVID-19 virus, two 20 free telephone calls per week have been provided by the Riverside County 21 Sheriff’s Department (“RSO”) to each inmate. 22 23  By utilizing established system-wide partnerships, the County has been able to 24 offer technological-based alternatives to reduce transportation and to 25 26 encourage adherence to social distancing guidelines, such as an increase the 27 28 6 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 7 of 20 Page ID #:17760 1 number of video court appearances, telehealth appointments, and access to 2 professional visits via electronic means. 3 4 In short, the County has already taken immediate, bold, and appropriate steps in 5 response to this rapidly evolving crisis, and is constantly evaluating all processes to ensure 6 that the health and welfare of all inmates and staff is protected. The record demonstrates 7 8 that the County is working tirelessly to address the COVID-19 pandemic and its associated 9 risks to inmates, staff, and the community at large. This record in no way establishes a 10 pattern of deliberate indifference or a legal basis for the judicial intervention into and the 11 12 micromanagement of the County’s correctional system that has been requested by Plaintiffs. 13 Plaintiffs have not met the standards required for Court intervention. They have failed 14 to utilize the required mediation process dictated by the controlling Consent Decree in this 15 16 matter prior to coming before the Court. They have failed to adhere to the process required 17 by the Consent Decree for a modification of the Remedial Plan. They have failed to meet 18 the high standards for a prisoner release order as set forth in the Prison Litigation Reform 19 20 Act (“PLRA”), and this Court therefore cannot grant the requested relief. And finally, they 21 have failed to demonstrate that the County has been deliberately indifferent to the risk of 22 harm posed by COVID-19. Indeed, the evidence is overwhelmingly to the contrary. For 23 24 these reasons, Plaintiffs’ Motion must be denied. 25 /// 26 27 28 /// /// 7 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 8 of 20 Page ID #:17761 1 II. 2 LEGAL ARGUMENT 3 4 A. Plaintiffs Have Failed to Adhere to the Procedural Requirements Outlined in 5 the Consent Decree and thus their Emergency Motion is Improper. 6 On June 7, 2016, the Parties entered into a Consent Decree to “ensure the provision 7 8 of constitutional health care and to ensure non-discrimination for inmates with disabilities 9 in the Riverside County Jails” following the filing of a Class Action lawsuit by Plaintiffs on 10 March 8, 2013. See Document No. 173, Paragraph 1, at 2:2-4. To the extent Plaintiffs’ 11 12 Emergency Motion falls within the scope of, and is based upon, alleged violations of the 13 Consent Decree and Remedial Plan, the County contends that the Court should order the 14 Parties to resolve these matters via the Dispute Resolution provisions laid out and agreed 15 16 upon in the Consent Decree. See Document No. 173, Paragraphs 26-29, at 11:6-12:15. 17 Namely: 18 1) “… the parties shall conduct good faith negotiations to resolve informally any matter 19 20 in dispute, including but not limited to any contention that Defendant is not 21 substantially complying as required by this Consent Decree or the Remedial Plan(s), 22 or any contention that Defendant has demonstrated sufficient compliance with the 23 24 Consent Decree and/or Remedial Plan(s) that the Consent Decree and monitoring 25 thereunder should be modified or terminated….” See Document No. 173, Paragraph 26 27 26, at 11:8-15. 28 8 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 9 of 20 Page ID #:17762 1 2 2) “If the parties are unable to resolve the dispute within 30 days of the original notice, either party may inform the relevant Court experts of the area of disagreement and 3 4 request that the experts evaluate the issue and prepare a report. The experts must 5 provide their report regarding the area of disagreement within 30 days of the 6 request…” See Document No. 173, Paragraph 27, at 11:18-23. 7 8 3) “If within 30 calendar days of receipt of the Court experts’ report, the parties are 9 unable to reach a mutually satisfactory resolution of the dispute, either party may 10 request mediation with Judge Raul Ramirez...” See Document No. 173, Paragraph 28, 11 12 13 14 at 12:4-6. 4) “If mediation with Judge Ramirez does not resolve the dispute to the mutual satisfaction of the parties, either party may file a motion for relief to the Court of 15 16 continuing jurisdiction.” See Document No. 173, Paragraph 29, at 12:11-13. 17 This process was made part of the Consent Decree because that process, with these 18 Parties and Mediator Ramirez, successfully resolved the entire dispute between the Parties 19 20 in the past. Despite Plaintiffs’ concession that the Consent Decree sets forth this dispute 21 resolution process (See Document No. 177 at 17:22-27), Plaintiffs have attempted to bypass 22 the same through the filing of their underlying motion prior to engaging in mediation efforts. 23 24 The County requests that the Court deny Plaintiffs’ motion until after the Parties have an 25 opportunity to engage in mediation with Judge Raul Ramirez as required by Paragraph 28 26 27 28 of the Consent Decree. Only after mediation with Judge Ramirez has occurred and if a dispute between the parties remains, would Plaintiffs be permitted to move for relief from 9 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 10 of 20 Page ID #:17763 1 2 this Court. As detailed in Section D below and through the Declarations filed in support of this Opposition, the County remains confident, however, that those issues raised by Plaintiffs 3 4 are likely to be resolved in whole or in large part though good faith mediation. 5 anticipation of proper adherence to the process outlined in the Consent Decree, the County 6 In has contacted retired Judge Raul Ramirez, confirmed his availability, and has provided 7 8 available dates (April 17th, 22nd, and 23rd) to Plaintiffs’ counsel for consideration. Plaintiffs 9 have declined to proceed with mediation prior to appearing before the Court. 10 See Declaration of James E. Brown, Paragraphs 2-4 at 2:9-28, Exhibits “B” and “C”. 11 12 Plaintiffs have failed to adhere to the procedural requirements set forth in the Consent 13 Decree and thus their motion is premature. The County respectfully requests that the Court 14 deny Plaintiffs’ motion unless and until the Consent Decree’s agreed-upon mediation 15 16 17 18 process has been completed. B. Plaintiffs’ Request for a Modification of the Remedial Plan is Improper. Plaintiffs have, once again, failed to adhere to the requirements of the Consent Decree. 19 20 Plaintiffs are correct in their representation that “…Plaintiffs may seek to modify the 21 Remedial Plan if the plan does not effectively accomplish those goals, or a modification is 22 necessary to ensure Plaintiff class members receive adequate healthcare under the Eighth 23 24 and Fourteenth…” See Document No. 177 at 25:11-15. However, Plaintiffs’ request 25 neglects to fully reference the requirements of Paragraph 11 of the Consent Decree which 26 27 28 states, “Any party wishing to modify the plan must submit a proposed modification to the opposing party. The opposing party may request further information, request that the 10 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 11 of 20 Page ID #:17764 1 2 modification(s) be reviewed by the Court’s experts, and/or request that the proposed modification(s) be subjected to the dispute resolution process described below. If the parties 3 4 fail to reach agreement on the proposed modification(s), the party proposing the 5 modification(s) may seek relief from the Court.” See Document No. 173, Paragraph 11 at 6 6:4-10. 7 8 The County has not been provided with a proposed modification of the Remedial Plan 9 to review, or with the opportunity to engage in dispute resolution concerning the same. This 10 failure to adhere to the procedural requirements set forth in the Consent Decree bars any 11 12 modification to the Remedial Plan at this time. However, Plaintiffs gloss over the critical 13 fact that a modification of the Remedial Plan is only permitted to the extent necessary to 14 ensure that the remedial structure remains tailored to cure the alleged constitutional 15 16 violations previously found by this Court. Coleman v. Brown, 922 F. Supp. 2d 1004, 1048 17 (E.D. Cal./N.D. Cal. 2013) (citing Rufo v. Inmates of Suffolk Cty. Jail, 502 U.S. 367 (1992). 18 Similarly, Rule 60(b)(5) does not provide the Court with free-standing authority to remedy 19 20 any alleged harm the County may inflict upon Plaintiffs, regardless of whether it is tethered 21 to the previous findings of structural constitutional shortcomings in the delivery of medical 22 and mental health care. Cf. Parsons v. Ryan, 912 F.3d 486, 501 (9th Cir. 2018) (explaining 23 24 that a modification of relief was appropriate because it was not issued “in response to new 25 violations of federal rights”). 26 27 28 The impetus for the relief Plaintiffs seek by way of their emergency motion is entirely different from the allegations which served as the basis for their 2013 lawsuit. The specific 11 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 12 of 20 Page ID #:17765 1 harm Plaintiffs allege is not caused by the alleged constitutional shortcomings in 2 Defendants’ ability to provide a system of “minimally adequate” medical and mental health 3 4 services or alleged discrimination against certain inmates with disabilities. Any claimed 5 constitutional violation in the County’s current response to the COVID-19 crisis is different, 6 in both nature and degree, from the alleged violations underlying the 2013 lawsuit. The 7 8 Consent Decree and Remedial Plan from the 2013 lawsuit were never intended to prepare 9 the County to confront an unprecedented pandemic. Nor could they have been, given that 10 the entire world was unprepared for the crisis that has ensued as a result of the COVID-19 11 12 13 14 virus. As Plaintiffs’ Motion can only seek to address a different constitutional injury than those asserted in the underlying litigation, relief cannot be granted through a modification 15 16 of the existing Remedial Plan. In the absence any argument that the County is out of 17 compliance with the Consent Decree or Remedial Plan and seeking relief on an entirely 18 novel basis, Plaintiffs’ Motion can only be seen as an improper attempt to raise a new 19 20 lawsuit, one filed without a Complaint, class certification, or adherence to any other proper 21 procedure. 22 23 C. Plaintiffs’ Requested Relief is Barred by the Prison Litigation Reform Act. 24 The Prison Litigation Reform Act (“PLRA”) mandates that prospective relief must be 25 narrowly drawn, extend no further than necessary, and be the least intrusive means of 26 27 28 addressing the violation of the Federal right. 18 U.S.C. § 3626(a)(1)(A). Plaintiffs’ vague suggestions - that the County move “detainees out of congregate living facilities”, “direct 12 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 13 of 20 Page ID #:17766 1 transfers of people from one correctional facility” to the not-yet-ready to be populated John 2 J. Benoit Detention Center1, “relocate vulnerable populations” to unidentified outside 3 4 locations, and “…look[] at early releases and conduct them most days”- extend further than 5 necessary and are not the least intrusive means of addressing the purported violation of 6 Plaintiffs’ rights. 7 8 Public health experts agree that the spread of COVID-19 is best addressed through 9 physical distancing and heightened cleanliness, including thorough and frequent hand 10 washing and regularly cleaning and disinfecting frequently touched surfaces. Plaintiffs’ 11 12 suggestions and recommendations are not the least intrusive means of accomplishing such 13 goals. In fact, as detailed more fully below, the County has already put into place a 14 comprehensive plan and practice of: increasing healthcare screening for COVID-19 15 16 symptoms; increasing the use of technological platforms to reduce the need for 17 transportation outside of the facility; increasing access to cleaning supplies and personal 18 hygiene items; and increasing the awareness of and ability to adhere to social distancing 19 20 guidelines. Thus, less intrusive alternatives to achieve “ready access to hygiene materials 21 and physical distancing” exist, and are already being implemented by the County. 22 23 24 25 1 As further detailed in the Declaration of Chief Deputy Misha Graves, the John J. Benoit 26 27 28 Detention Center is not currently available to house inmates. See Declaration of Misha Graves, Paragraph 3-6 at 2:15-3:3. 13 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 14 of 20 Page ID #:17767 1 Notably, to the extent that Plaintiffs’ request or suggest that the County engage in 2 release of inmates to increase social distancing, the PLRA mandates that “no court shall 3 4 enter a prisoner release order unless” orders for less intrusive relief have failed to remedy 5 “the deprivation of the Federal right sought to be remedied through the prisoner release 6 order,” and the defendant has been given sufficient time to comply with the previous orders. 7 8 18 U.S.C. § 3626(a)(3)(A) (emphasis added). Here, Plaintiffs seek to remedy the alleged 9 “unnecessary and disproportionate risk of contracting COVID-19” because “physical 10 distancing -- is impossible in many of the crowded dormitories in the County’s jails” See 11 12 Document No. 177 at 19:19 – 20:3. Yet, no prior order in the underlying case has required 13 the County to take affirmative steps to mitigate inmates’ risk of contracting COVID-19. 14 Because Plaintiffs fail to meet this important statutory requirement, any such claim for relief 15 16 17 must fail. D. The Court Must Give Deference to the County and the County’s Record of 18 Responsiveness to the COVID-19 Pandemic. 19 20 The separation of powers is one of the core principles upon which our federal and 21 state governments are built. This constitutional construct mandates that the three branches 22 of government–executive, legislative, and judicial–remain separate and not otherwise 23 24 infringe upon the authority of one another. As it relates to the prison system, the Supreme 25 Court has aptly observed that “‘courts are ill equipped to deal with the increasingly urgent 26 27 28 problems of prison administration and reform,’” recognizing that “running a prison is an inordinately difficult undertaking that requires expertise, planning, and the commitment of 14 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 15 of 20 Page ID #:17768 1 resources, all of which are peculiarly within the province of the legislative and executive 2 branches of government.” Turner v. Safley, 482 U.S. 78, 84-85 (1987) (citing Procunier v. 3 4 Martinez, 416 U.S. 396, 405 (1974) [overruled on other grounds in Thornburgh v. Abbott, 5 490 U.S. 401 (1989)]) (emphasis added). Critically, the Supreme Court has held that 6 “[p]rison administration is, moreover, a task that has been committed to the responsibility 7 8 of those branches, and separation of powers concerns counsel a policy of judicial restraint. 9 Where a state penal system is involved, federal courts have, as we indicated in Martinez, 10 additional reason to accord deference to the appropriate prison authorities.” Turner, 482 U.S. 11 12 13 14 at 85. The separation of powers and deference concepts have been relied upon in a wide range of matters involving prison administration and reform. See, e.g., O’Lone v. Estate of 15 16 Shabazz, 482 U.S. 342 (1987) (examining extent of inmates’ free exercise of religion and 17 deference given to prison officials); Michenfelder v. Sumner, 860 F.2d 328 (9th Cir. 1988) 18 (upholding prison’s policies concerning strip searches and use of tasers); Gates v. Rowland, 19 20 39 F.3d 1439, 1448 (9th Cir. 1994) (prison policy preventing HIV-positive inmates from 21 holding food service jobs was properly within prison authorities’ discretion); Griffin v. 22 Gomez, 741 F.3d 10 (9th Cir. 2014) (holding district court improperly impeded state prison 23 24 management by ordering release of inmate from administrative segregation unit during 25 standard evaluation of his gang status); see also, Sandin v. Conner, 515 U.S. 472, 482-83 26 27 28 (1995) (observing that “federal courts ought to afford appropriate deference and flexibility to state officials trying to manage a volatile environment [in a prison]”). Where, as in this 15 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 16 of 20 Page ID #:17769 1 2 situation, the County has been actively responding to a global pandemic with no precedent, these foundational principles must not be set aside. 3 4 As a whole, the County has issued some of the most aggressive and swift protective 5 measures in the State in an attempt to control the spread of COVID-19. On March 8, 2020 6 the County’s Public Health Officer, Dr. Cameron Kaiser, issued a Declaration of Local 7 8 Health Emergency based on an imminent and proximate threat to public health from the 9 introduction of novel COVID-19 in Riverside County. On March 10, 2020 the Board of 10 Supervisors of the County of Riverside issued a Resolution proclaiming the existence of a 11 12 Local Emergency in the County of Riverside regarding COVID-19 and a Resolution 13 ratifying and extending the Declaration of Local Health Emergency due to COVID-19. Also 14 on March 10, 2020, Dr. Kaiser issued an Order cancelling the Coachella Valley Music and 15 16 Arts Festival and Stagecoach Music Festival. On March 12, 2020, Dr. Kaiser issued an 17 Order cancelling all events with an anticipated attendance in excess of 250 persons. On 18 March 13, 2020, Dr. Kaiser issued an Order closing all schools (extended through June 19, 19 20 2020 by subsequent Orders of the Health Officer). On March 16, 2020 Dr. Kaiser issued an 21 Order prohibiting all gatherings with expected presence above ten (10) individuals. On 22 March 27, 2020, Dr. Kaiser issued an Order restricting short-term lodgings within the 23 24 County of Riverside. On April 2, 2020, the Health Officer and the County Executive Officer 25 as the Director of Emergency Services issued an Order closing all golf courses and ancillary 26 27 28 use areas. On April 4, 2020, the Health Officer and the County Executive Officer as the Director of Emergency Services issued an Order prohibiting all public gatherings and 16 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 17 of 20 Page ID #:17770 1 requiring the use of face coverings by all persons. See Declaration of James E. Brown, 2 Paragraph 4, at 4:1 – 5:23, Exhibits D through L. 3 4 The steps taken by the County as pertaining to the protection of the inmate population 5 have been no less aggressive. The Department of Behavioral Health, Correctional Health, 6 and the Riverside County Sheriff’s Department have worked in cooperation with one 7 8 another to put into place a system-wide COVID-19 Pandemic Response Plan (“Response 9 Plan”), a true and correct copy of which is attached as Exhibit “A” to the Declaration of 10 Bonnie Carl and included by reference in the Declarations of Dr. Matthew Chang and Lt. 11 12 Thomas Hyland. Some of the key alterations that have been made in order to combat the 13 COVID-19 virus while ensuring that the needs of all inmates are met include: 14  Telework opportunities have been provided to all non-essential staff and staff 15 16 17 screening is being put into place.  All inmates are pre-screened prior to booking per the guidelines issued by the 18 19 20 21 CDC. Inmates are subsequently housed at the hospital, placed in quarantine, observation, or housed according to their classification, per medical staff.  The movement of inmates who test positive and those who are symptomatic are 22 23 24 25 tracked by staff to determine possible exposure and address accordingly.  All inmate work crews receive temperature checks prior to working in the facility and around food. 26 27  Unlimited soap is provided to all inmates free of charge. 28 17 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 18 of 20 Page ID #:17771 1 2  A CDC recommended cleaning solution is provided to inmates throughout the day and after every meal to sanitize inmate areas. 3 4 5 6 7 8 9 10 11 12 13  Incoming and outgoing inmate mail rests in paper bags prior to handling and processing.  Most meals are served in disposable mediums.  Inmate movement is restricted to only when absolutely necessary both within a single facility and throughout the Corrections Division as a whole.  All inmates and staff have been issued face coverings per the CDC guidelines, which are to be worn at all times.  Inmate programs were modified to provide for educational and rehabilitative 14 15 16 17 services absent staff contact to promote social distancing.  Dayroom time is implemented in ¼ tier dayroom increments to limit the number of inmates in a common space and provide for social distancing. 18 19 20 21 22 23 24  Inmates in dayrooms are regularly directed to adhere to social distancing requirements.  Dayrooms and common areas are sanitized with CDC approved cleansers between use by inmates.  Inmates receive education on personal hygiene, hand washing, social 25 26 27 distancing, and prevention of the spread of the coronavirus via the inmate dedicated channel, which is broadcasted on televisions within each dayroom. 28 18 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 19 of 20 Page ID #:17772 1 2  No non-law enforcement individuals are permitted to come in contact with inmates. 3 4 5 6 7  Because personal visiting was cancelled as a result of the COVID-19 virus, two free telephone calls per week have been provided by the RSO to each inmate.  By utilizing established system-wide partnerships, the County has been able to 8 offer technological-based alternatives to reduce transportation and to 9 encourage adherence to social distancing guidelines, such as an increase the 10 11 12 13 number of video court appearances, telehealth appointments, and access to professional visits via electronic means. The County has already taken significant and meaningful steps to mitigate the deadly 14 15 potential of COVID-19 both within the jails and throughout the County as a whole. It is 16 evident that this crisis is being taken extremely seriously by the County’s elected officials 17 and employees. Thus, the County respectfully urges that it be given the opportunity to 18 19 20 21 continue to address these important issues without federal judicial intervention. III. CONCLUSION 22 23 24 25 The County shares Plaintiffs’ concerns relative to the COVID-19 pandemic and the risk it poses to the inmates and staff who live and work within the County’s correctional system. Because of this, the County, by and through well-established system-wide 26 27 partnerships, has taken and continues to take aggressive and unprecedented steps to confront 28 19 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case 5:13-cv-00444-VAP-OP Document 183 Filed 04/10/20 Page 20 of 20 Page ID #:17773 1 2 this crisis. The County has taken meaningful steps to increase ready access to hygiene materials and to promote physical distancing. Through these measures—and others which 3 4 have already been implemented or may be implemented in the coming days as the need 5 arises and in response to the constantly evolving threat presented by COVID-19—the 6 County is “reasonably” acting to ensure the safety and security of all who live and work 7 8 9 10 within the correctional facilities. Just as Plaintiffs have failed to adhere to the procedural requirements of the Consent Decree; failed to adequately relate their emergency motion to the underlying lawsuit; and 11 12 failed to make a showing of deliberate indifference on the part of the County in the handling 13 of the COVID-19 crisis, so too must their request for relief before this Court fail. 14 Accordingly, the County respectfully submits that the Court must deny Plaintiffs’ 15 16 Emergency Motion to Enforce, or in the Alternative to Modify, the Consent Decree in its 17 entirety. 18 19 20 21 /s/ Dated: April 10, 2020 By: James E. Brown JAMES E. BROWN Assistant County Counsel Attorneys for Defendant, COUNTY OF RIVERSIDE 22 23 24 25 26 27 28 20 COUNTY OF RIVERSIDE’S OPPOSITION TO PLAINTIFFS’ EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Case Document 183-1 Filed 04/10/20 Page 1 of 72 Page ID #117774 JANIES E. BROWN Assistant County Counsel 162579) KELLY A. MO OFFICE OF COUNTY De Coun Counsel ofiN ty BN 267147) SEL 3960 Oran Street, Suite 500 Riverside, A 92501-3674 Telenhono: {951? 955- 6300 Facsimile: (951 955-6363 Email: Jebbrown@rivco.org kmoran@r1vco.org ARTHUR K. CUNNINGHAM, SBN 97506 LEWIS BRISBOIS BISGAARD SMITH 11p 650 East Hospltallty Lane, Su1te 600 San Bernardino, California 92408 909 909 387?1130 - Phone 387-1138 ?Fax mall: Attorneys for Defendant COUN I OF RIVERSIDE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UINTON GRAY, et al., on behalf of CASE NO. EDCV13-0444 VAP (OP) t. emselves and all others 51m11arly Sltuated, CLASS ACTION Plaintiffs, DECLARATION OF JAMES E. BROWN IN SUPPORT OF COUNTY v. OF OPPOSITION TO MOTION TO COUNTY OF RIVERSIDE, ENFORCE, OR IN THE Defendant. ALTERNATIVE MODIFY, CONSENT DECREE (Filed concurrentl with: County 0 Riversi 0 osition to i Plaintifs Motion to Declaration of Bonnie arl; I Declaration of Dr. Matthew Chang; Declaration of 7710772615 Hyland; and Declaration of Misha Graves) JUDGE: Hon. Virginia Phillips DATE: TBD TIME: TBD COURTROOM: 8A LOCATION: 350 W. First Street, Los Angeles, CA 90012 DECLARATION OF JAMES E. BROWN IN SUPPORT OF COUNTY OF OPPOSITION Case Document 183-1 Filed 04/10/20 Page 2 of 72 Page ID #:17775 DECLARATION OF JAMES E. BROWN 1, JAMES E. BROWN, declare as follows: 1. I am an attorney at law duly licensed to practice before this Court, and one of the attorneys of record for the COUNTY OF RIVERSIDE (hereinafter the ?County?). I have personal knowledge regarding the foregoing and if called as a witness I could and would testify to the following: 2. On April 6, 2020, a?er receiving and reviewing Plaintiffs? Motion to Enforce, or in the Alternative Modify, the Consent Decree (hereinafter ?Motion?), retired Judge Raul Ramirez was contacted by counsel for the County to inquire about his availability for mediation. Judge Ramirez was able to provide three upcoming dates (April 17th, 22nd, and 23rd) on which he would be available for a mediation of this matter. 3. On April 8, 2020, I contacted Plaintiffs? counsel, Sara Norman, via email to request that, in compliance with the requirements of the Consent Decree, the Parties engage in mediation of the issues that Plaintiffs raise in their Motion. I also provided Ms. Norman with Judge Raul Ramirez? availability. A true and correct copy of the email that I sent to Sara Norman on Apri1 8, 2.020 is attached hereto as Exhibit 4. On April 9, 2020, I received an email from Ms. Norman wherein she indicated that even the nine?day delay before Judge Ramirez? ?rst available date was too long to wait, but that she would be agreeable to mediation if the Court Ordered the Parties to engage in such efforts prior to ruling on the Motion. A true and correct copy of the email that I received from Sara Norman on April 9, 2020 is attached hereto as Exhibit 2 DECLARATION OF JAMES E. BROWN IN SUPPORT OF COUNTY OF OPPOSITION Case Document 183-1 Filed 04/10/20 Page 3 of 72 Page ID #:17776 4. As a whole, the County has issued some of the most aggressive and swift protective measures in the State in an attempt to control the spread of COVID-19. Including: 0 On March 8, 2020 the County?s Public Health Of?cer, Dr. Cameron KaiserIx.) 24 25 26 27 28 issued a Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel in Riverside County. A true and correct copy of this March 8, 2020 Declaration is attached hereto as Exhibit On March 10, 2020 the Board of Supervisors of the County of Riverside issued a Resolution proclaiming the existence of a Local Emergency in the County of Riverside regarding COVID-19 and a Resolution ratifying and extending the Declaration of Local Health Emergency due to COVID-19. True and correct copies of this March 10, 2020 Resolutions are attached hereto as Exhibit Also on March 10, 2020, Dr. Kaiser issued an Order cancelling the Coachella Valley Music and Arts Festival and Stagecoach Music Festival. A true and correct copy of this March 10, 2020 Order is attached hereto as Exhibit On March 12, 2020, Dr. Kaiser issued an Order cancelling all events with an anticipated attendance in excess of 250 persons. A true and correct copy of this March 12, 2020 Order is attached hereto as Exhibit On March 13, 2020, Dr. Kaiser issued an Order closing all schools (extended through June 19, 2020 by subsequent Orders of the Health Officer). True and 3 DECLARATION OF JAMES E. BROWN IN SUPPORT OF COUNTY OF OPPOSITION KI) Case Document 183-1 Filed 04/10/20 Page 4 of 72 Page ID #117777 correct copies of the three school closure Orders are attached hereto as Exhibit On March 16, 2020 Dr. Kaiser issued an Order prohibiting all gatherings with expected presence above ten (10) individuals. A true and correct copy of this March 16, 2020 Order is attached hereto as Exhibit On March 27, 2020, Dr. Kaiser issued an Order restricting short-term lodgings within the County cf Riverside. True and correct copies of the three short-term lodging Orders are attached hereto as Exhibit On April 2, 2020, the Health Of?cer and the County Executive Of?cer as the Director of Emergency Services issued an Order closing all golf courses and ancillary use areas. A true and correct copy of this April 2, 2020 Order is attached hereto as Exhibit On April 4, 2020, the Health Of?cer and the County Executive Of?cer as the Director of Emergency Services issued an Order prohibiting all public gatherings and requiring the use of face coverings by all persons. True and correct copies of the April 4, 2020 and the April 6, 2020 Amended Order are attached hereto as Exhibit 4 DECLARATION OF JAMES E. BROWN IN SUPPORT OF COUNTY OF OPPOSITION \0 Case Document 183-1 Filed 04/10/20 Page 5 of 72 Page ID #:17778 I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct, and that this declaration is executed on April 10, 2020, at Riverside, California. JAMES E. BROWN 5 DECLARATION OF JAMES E. BROWN IN SUPPORT OF COUNTY OF OPPOSITION Case Document 183-1 Filed 04/10/20 Page 6 of 72 Page ID #:17779 EXHIBIT Case Document 183-1 Filed 04/10/20 Page 7 of 72 Page ID #:17780 From: Brown, Jeb Sent: Wednesday, April 8, 2020 7:16 PM To: Sara Norman Subject: Gray ADR Sara: The client would prefer to attempt to resolve any issues regarding the remedial plan through ADR with Judge Ramirez as contemplated by the settlement. judge Ramirez is available April 17, 22 23 for discussions. Please let me know if you are interested. Thanks Jeb James E. ?Jeb? Brown Assistant County Counsel County of Riverside Phone: (951] 955?6300 Fax: (951) 955-6883 Email: jebbrown@rivco.org NOTICE: This communication is intended for the use of the individual or entity to which it is addressed. and may contain attorney/client information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient or the employee or agent responsible for delivering this 1 Case Document 183-1 Filed 04/10/20 Page 8 of 72 Page ID #:17781 EXHIBIT Case Document 183-1 Filed 04/10/20 Page 9 of 72 Page ID #:17782 From: Sara Norman Sent: Thursday, April 9, 2020 11:53 AM To: Brown, Jeb Subject: RE: Gray ADR Hi Jeb, I?m afraid. we can?t wait nine days or more to put this before a decision-maker. I will participate in ADR with Judge Ramirez if the judge orders happy to hear anything you or the jail of?cials have to say at any time. ?Sara From: Brown, Jeb [mailtozlebBrown@RIVC0.0RG] Sent: Wednesday, April 8, 2020 7:16 PM To: Sara Norman Subject: Gray ADR Sara: The client would prefer to attempt to resolve any issues regarding the remedial plan through ADR with Judge Ramirez as contemplated by the settlement. Judge Ramirez is available April 17; 22 8; 23 for discussions. Please let me know if you are interested. Thanks Jeb James E. ?Jeb? Brown Assistant County Counsel County of Riverside Phone: (951) 955-6300 Case Document 183-1 Filed 04/10/20 Page 10 of 72 Page ID Fax: [951) 955-6883 #17783 Email: jebbrown@rivco.org NOTICE: This communication is intended for the use of the individual or entity to which it is addressed and may contain attorney/client information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient or the employee or agent responsible for delivering this communication to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply email or by telephone and immediately delete this communication and all its attachments. 9Ccmfidentiality Disclaimer 5- This email] 19 con?dential and intended solely for the use of the 111d1v1dua-l-[s) to whom it is addressed. The Information contained 1n message may be privileged and con?dential and protected f1 om disclosure. ?It you are not the author?s intended be adwsed that you have received this email in er I 01 and that any use, dissemination, forwarding, printing, or CD'iji'?g? email 15 strictly prohibited Ifyou hatre received tlus email 111 'error please delete all comes, both electronic and printed, and contact the autho: i immediately. Case Document 183-1 Filed 04/10/20 Page 11 of 72 Page ID #:17784 EXHIBIT Case Document 183-1 Filed 04/10/20 Page 12 of 72 Page ID 08 LA 43% ?i C3 ?a/a i- ?Joye .. "(wen cousin! cdunset. .q I FORP: .. 7?3- #117785 OF A LOCAL HEALTH EMERGENCY FOR THE COUNTY OF RIVERS IDE, ST ATE OF CALIFORNIA REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, California Health and Safety Code section 101080 authorizes a local health of?cer to declare a local health emergency in the health of?cer?s jurisdiction, or any part thereof, whenever the health of?cer reasonably determines that there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease; and WHEREAS, t. Govcmor of California proclaimed a State of Emergency on March 4, 2020 pursuant to the authority vested in him, particularly, Government Code section 8625; and WHEREAS, the Governor has waived the 30-day time period in Health and Safety Code section 101080, within which a local governing authority must renew a local health emergency, for the duration of the statewide emergency, and further, has ordered that any such local health emergency will remain in e??ect until each local governing authority terminates its respective local health emergency; and WHEREAS, the local health emergency shall not remain in effect after seven (7) days from the date of this declaration unless it has been rati?ed by the Riverside County Board of Supervisors; and WHEREAS, the Public Health Of?cer of the County of Riverside makes the following ?ndings: that otherwise known. as the ?novel coronavirus," is a highly contagious respiratory illness that has been implicated in at least 22 American deaths and 4,000 deaths worldwide to date; that the ?rst locally acquired case of otherwise known as the ?novel coronavirus," has been detected in a county resident in the Coachella Valley; that this case has no known explanation and therefore must represent suf?cient community presence and spread in the Coachella Valley to have infected this individual; that there are additional travel-associated cases now being identified; and that the improved availability of testing for COVID-IQ makes the discovery of additional community cases inevitable; and Case Document 183-1 Filed 04/10/20 Page 13 of 72 Page ID #117786 WHEREAS, the Public Health Officer of the County of Riverside does hereby ?nd and determine that there is an imminent and proximate threat to public health from the introduction of COVID- 19 in Riverside County; and NOW, THEREFORE, the Public Health Of?cer of the County of Riverside hereby declares that a local health emergenoy now exists in the County of Riverside and shall be deemed to continue to exist for the next seven (7) days, and hereafter by rati?cation of the County Board of Supervisors, until its termination is proclaimed by the County Board of Supervisors of the County of Riverside. . Dated: igi . Cameron Kaiser, MD, MPH, FAAFP Public Health Officer County of Riverside Case Document 183-1 Filed 04/10/20 Page 14 of 72 Page ID #:17787 EXHIBIT l??HHi?l comrota ant-?rm . I at." Ctlse Document 183-1 Filed 04/10/20 Page 15 of 72 Page ID #:17788 Board of Supervisors County of Riverside RESOLUTION NO. 2020-063 A RESOLUTION OF THE BOARD OF SUPERVISORS OF TI IE COUNTY OF RIVERSIDE RATI FYING AND EXTENDING THE DECLARATION OF A LOCAL HEALTH EMERGENCY REGARDING NOVEL CORONAVIRUS WHEREAS, California Health and Safety Code section 101080 authorizes a local health of?cer to declare a local health emergency in the health of?cer?s jurisdiction, or any part thereof, whenever the health of?cer reasonably determines that there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease; and WHEREAS, on March 8, 2020, the County?s Public "Health Of?cer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus in Riverside County; and WHEREAS, the Governor of California proclaimed a State of Emergency on March 4, 2020 pursuant to the authority vested in him, particularly, Government Code section 8625; and. WHEREAS, the Governor has waived the 30-day time period in Health and Safety Code section 101080, within which a local governing authority must renew a local health emergency, for the duration of the statewide emergency, and further, has ordered that any such local health emergency will remain in effect until each local governing authority terminates its respective local health emergency; and WHEREAS, the local health emergency shall not remain in effect after seven (7) days from the date of this declaration unless it has been rati?ed by the Riverside County Board of Supervisors; and NOW, THEREFORE, IS HEREBY PROCLAIMED AND ORDERED that the Deciaration of a Local Health Emergency by the Public Health Of?cer of the County of Riverside is hereby rati?ed, and that said Local Health Emergency shall be deemed to continue to exist until its termination is. proclaimed by the Board. of Supervisors of the County of Riverside. IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of the California Governor?s Of?ce of Emergency Services. p?l i?I p?27?: 2:1 J. 83 a; (3-1. re were EV: Case Document 183-1 Filed 04/10/20 Page 16 of 72 Page ID #117789 Board of Supervisors County of Riverside RESOLUTION NO. 2020?062 A, RESOLUTION OF THE COUNTY OF RIVERSIDE PROCLAIMING EXISTENCE OF LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS WHEREAS, Govermnent Code Section 8630 and Ordinance 533 authorizes the Board of Supervisors to proclaim the existence ofa ?Local Emergency;? and WHEREAS, Government Code section 8558(0) de?nes such conditions as ?air pollution, ?re, ?ood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor?s warning of an earthquake, or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy, which conditions are likely to be beyond the control of the services, personnel, equipment and facilities of that political subdivision and require the combined forces of other political subdivisions to combatf? and WHEREAS, on March 8, 2020, the County?s Public Health Of?cer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a nOVel coronavirus in Riverside County; and WHEREAS, the Governor of California proclaimed a State of Emergency on March 4, 2020 pursuant to the authority vested in him, particularly, Government Code section 8625; and WHEREAS, the Governor has waived the 60~day time period in Government Code section 8630, Within which a local governing authority must renew a local emergency, fer the duration of the statewide emergency, and further, has ordered that any such local emergency will remain in effect until each local governing authority terminates its respective local emergency; and WHEREAS, the Board of Supervisors hereby ?nds that there exists within the County conditions of disaster or extreme peril to the safety of persons and preperty that are beyond the control of the services, personnel, equipment, and facilities of the County for the reasons set forth in the Public Health Of?cer?s Declaration of a Local Health Emergency; and I NI to 25 26 27 28 Qase Document 183-1 Filed 04/10/20 Page 17 of 72 Page ID #117790 WHEREAS, the County of Riverside is working with State, Federal and local government resources to assist with the response; and WHEREAS, the aforementioned conditions of. extreme peril warrant and necessitate the proclamation of a ?Local Emergency;? now, therefore, IT IS HEREBY PROCLAIMED that a ?Local Emergency" exists throughout the County of Riverside; and, IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency, I the powers, functions and duties of the Director of Emergency Services and the Director of the Emergency Management Department of Riverside County shall be those prescribed by state law and the ordinances, resolutions and approved plans of the County of Riverside in order to mitigate the effects of said emergency; and IT IS FURTHER PROCLAIMED AND ORDERED that all County officials and employees cooperate and coordinate efforts with of?cials and employees of other political subdivisions and of?cials and employees of the state and federal government in bringing the present condition of Local Emergency under control; and IT IS FURTHER PROCLAIMED AND ORDERED that the Local Emergency shall be deemed to continue to exist until its termination is proclaimed by the Board of Supervisors of the County of Riverside; and IT IS FURTHER RESOLVED AND ORDERED that a copy of this resolution be forwarded to the Director of the California Governor?s Of?ce of Emergency Services. Case Document 183-1 Filed 04/10/20 Page 18 of 72 Page ID #:17791 EXHIBIT Case Document 183-1 Filed 04/10/20 Page 19 of 72 Page ID #:17792 ORDER OF THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE CANCELLING COACHELLA AND STAGECOACH ON DATES CURRENTLY SCHEDULED DATE OF ORDER: MARCH 10, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. (California Health and Safety Code 120295; County Ordinances S33 and 556.} UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, AND RIVERSIDE COUNTY CODE SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: I. The Coachella Valley Music and Arts Festival, presently set to take place on April 10 through 12, 2020 inclusive, and April 17 through 19, 2020 inclusive, and the Stagecoach Country Music Festival, presently set to take place on April 24 through 26, 2020 inclusive, are hereby cancelled. 2. This Order is issued as a result of the worldwide epidemic of disease, also known as ?novel coronavirus,? which has infected at least 118,000 individuals worldwide in 115 countries and is implicated in over 4,200 worldwide deaths. 3. This Order is issued based on evidence of increasing transmission of both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and Speci?cally, as well. as best practices as currently known and available to protect the public from the risk of spread of or exposure to COVE-19. 4. This Order recognizes that both the Coachella Valley Music and Arts Festival and the Stagecoach Country Music Festival are music concerts and gatherings of an international scope, attracting hundreds of thousands of attendees from many countries, including several disproportionately af?icted by the worldwide epidemic. 5. This Order is intended to reduce the likelihood of exposure to COVID-19, thereby slowing the spread of in communities worldwide. If COVID-I9 were detected at these festivals, the scope and number of attendees and the nature of the venue would make it infeasible, if not impossible, to track those who may be placed at risk. 6. This Order is issued in light of the ?rst community-acquired case of in the County of. Riverside having been detected in an individual hospitalized in Ranchc Mirage, California, strongly suggesting that COVE-19 is present and circulating within a close proximity to the venue where both the Coachella Valley Music and Arts Festival and the Stagecoach Country Music Festival were to be held. 7. This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel 9 in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding and the March 10, 2020 Resolution Case Document 183-1 Filed 04/10/20 Page 20 of 72 Page ID #:17793 of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency due to 9. 3. This Order comes after the release of substantial guidance from the County Public Health Of?cer, the Centers for Disease Control and Prevention, and other public health of?cials through the baited States and around the world recommending the cancellation of mass gatherings involving more than one thousand (1,000) or more persons in a single space at the same time. 9. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. 10. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Of?cer requests that the Sheriff and all Chiefs of Police in the County ensure compliance with and enforcement of this Order. 11. Copies of this Order shall be: made available at the County of Riverside Health Administration of?ce located at 4065 County Circle Drive, Riverside, CA 92503; (2) poswd on the County 0. ?Rivcrside Public Health Department?s website (rivcoph org); and (3) provided* 0 any member of the public requesting a cepy of this Order IT IS SO ORDERED: - Dated: March 10, 2020 Dr. Cameron Kaiser, MD, MPH, FAAFP Public Health Of?cer County of Riverside Approved as to form and legality: is?: 6W I, Dated: March 10, 2020 Gregory F. Priamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 21 of 72 Page ID #:17794 EXHIBIT Case Document 183-1 Filed 04/10/20 Page 22 of 72 Page ID #:17795 ELL G. ITI-I XPECTED ANCE AB V1325 IVID ALS DATE OF ORDER: mag; 12, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. (California Health and Safety Code 120295; County Ordinances 533 and 556.) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND IZUIYS, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, AND RIVERSIDE COUNTY CODE SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: 1. All Words within the jurisdiction of the Public Health Of?cer of the County of Riverside with an expected attendance of at tenet can individu als taking place between March 12, 2.020 and April 30, 2020 inclusive are here'by ordered cancelled, regardless of venue. 2. This Order does not apply to courts of law, primary and secondary school classes, congregate living settings, public transportation, airport travel, or necessary shopping at stores or malls. .3. This Order is issued as a result of the worldwide pandemic of COVID-19 disease, also known as ?novel coronavirus,? which has infected at least 123,000 individuals worldwide in 116 countries and is implicated in over 4,700 worldwide deaths, including eight cases in Riverside County residents. 4. This Order is issued based on evidence of increasing transmission of both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and COVID-19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of spread of er exposure to COVID-IQ. 5. This Order recognizes that many of the events in the County, both large and small, attract attendees from many regions and countries, including several disproportionately afflicted by the worldwide 9 pandemic. 6. This Order is intended to reduce the likelihood of exposure to thereby slowing the spread of in communities worldwide. As the population at an event increases, the dif?culty and magnitude of tracing individuals who may have been exposed to a. case prevent at that extent rises eXponentialiy, increasing the likelihood that such events will impair efforts at mitigating the spread of the illness. 7. This Order is issued in accordance with, and htcorporates by reference, the: March 4, 2030 Proclamation of a State Emergency issued by (Sievemor Gavin Newsem; the March 3, 2020 Declaration. of Local Health Emergency based on an imminent and proximate direct. to public health from the introduction of novel in Riverside Cetmty'; the March 10, 2020 Resolution of the. Board of Supervisors of the County of Riverside proclaiming the existence of a. Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board. of Supervisors of the County of Riverside ratifying and attendin the Declaration of Local l-Iealth Emergency due to and the guidance issued on March 1. 2020 by the California Department of Public Health regarding large gatherings of 250 people or more. Case Document 183-1 Filed 04/10/20 Page 23 of 72 Page ID #:17796 8. This Order comes after the release of substantial guidance from the County Public Health Of?cer, the Centers for Disease Control and Prevention, and other public health officials through the United States and around the world recommending the cancellation or" mass gatherings involving more than one thousand (1,000) or more persons in a single space at the same time. 9. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq; Health and Safety Code sections 1.20100, et seq.; and Title 17 of the California Code of Regulations section. 2501. 10. To the extent necessary, pursuant to GoVernment Code sections 26602 and 41601 and Health and Safety Code section 10 i 029, the Health Of?cer requests that the Sheriff and all Chiefs of Police in the County ensure compliance with and enforcement of this Order. I-nd . Copies of this Order shall be: made available at the County of Riverside Health Administration of?ce located at 4065 County Circle Drive, Riverside, CA 9250.3; (2) posted on the County of Riverside Public Health Department?s website (rivcophorg); and (3) provided to any member of the public requesting a copy of this Order, IT IS SO ORDERED: Dated: March 12,2020 Dr. Cameron Kaiser, MD, MPH, FAAFP Public Health Officer County of Riverside Approved as to form and legality: v.4" .. m? Dated: March 12, 2020 Gregory P. Priarnos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 24 of 72 Page ID #:17797 EXHIBIT Case Document 183-1 Filed 04/10/20 Page 25 of 72 Page ID #:17798 FROM 16, 2020 THROUGH APPJL 3, 2.020 RATE OF ORDER: 13, 2020- Please read this Order carefully. Violation of or failure to comply with. this Order is a crime punishable by ?ne, imprisomnent, or both. (California Health and Safety Code 120295; County Ordinances 533 and 5563 UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF SECTION 2501, AND RIVERSIDE COUNTY CODE SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: 1. All schools within the jurisdiction of the Public Health Officer of the County of Riverside including, but not limited to, all preschools, K-12 public, private and charter schools, community colleges, public, private, nonpro?t, and for-pro?t colleges and universities are closed beginning March 16, 2020 and shall remain closed through April 3, 2020 inclusive pending further order of the Public Health Of?cer. 2. Individual school districts and educational institutions shall have the discretion to determine the minimum essential personnel as required to support critical functions within those districts and institutions such as federal food service programs, security, and necessary maintenance. 3. This order shall not affect cit-campus housing, dormitories or other congegate living arrangements, or staf?ng required. to maintain and operate them. 4. This Order is issued as a result of the worldwide pandemic of disease, also known as ?novel coronavirus,? which has infected at least 128,000 individuals worldwide in 116 countries and is implicated in over 4,700 worldwide deaths, including eight cases in Riverside County residents. 5. This Order is issued based on evidence of increasing transmission of both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and 19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of spread of or exposure to COVID- l9. 6. This Order is intended to reduce the likelihood of exposure to thereby slowing the spread of COVE-19 in communities worldwide. This Order is issued in accordance with, and incorporates by ref the: March 4-, 2020 roclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an bnminent and. proximate tlueat to public health from the introduction of novel in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding COVIDA 9; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency due to the March 12, 2020 Order of the Public Health Of?cer Case Document 183-1 Filed 04/10/20 Page 26 of 72 Page ID #:17799 Cancelling All Events With Attendance Above 250 Individuals; add the guidance issued on March 1 1, 2020 by the California Department of Public Health regard'm large gatherings of 25-0 people Or more. 8. This Order comes after the release of substantial guidance from the Cosnty Public Health O?icer, the Centers for Disease Control and Prevention, and o?ner public health of?cials through the United States and around the world recommending the cancellation of mass gatherings involving more than one thousand (1,000) or more persons in a single space at the same time. 9. This Order comes after the World Health Organization characterized as a pandemic. 10. This Order comes after the President of the United States declared a national emergency or; Match 13, 2020. 11. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. 12. To the extent necessaty, pursuant to Governmeiit Code sections 26602 and 41601 and Heeith and Safety Code section 101029, the Health Of?cer requests that the Sheriff and all Chiefs of Police in the County enswe compliance with and enforcemem of this Order. 13. Copies of this Order shall be: (1) made available at the County of Riverside Health Administration of?ce located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the County of Riverside Public Health Department?s website (livcopimrg); and (3) provided to any member of the public requesting a copy of this Order. IT ES 88- ORDEREB: Dated: March 13, 2020 Dr. Cameron Kaiser, MD, MPH, FAAFP Public Health O??cer County of Riverside Approved as to form and legality: i? 9.- . a} Dated: March 13, 2020 '?regory Pliamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 27 of 72 Page ID #:17800 Akl??jfg?l?) ORDER OF THE HEALTH OFFICER OF THE COUNTY OF CLOSING ALL SCHOOLS. COMMUNITY COLLEGES. COLLEGES. AND UNIVERSITIES FROM MARCH 16, 2020 THROUGH APRIL 30, 2020 DATE OF ORDER: MARE-2H 17, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. (California Health and Safety Code 120295; County Ordinances 533 and 556.) UNDER THE AUTHORITY CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, AND RIVERSIDE COUNTY CODE- SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: I. All schools within the jurisdiction of the Public Health Of?cer of the County of Riverside including, but not limited to, all preschools, K-12 public, private and charter schools, community colleges, public, private, nonpro?t, and for-pro?t colleges and universities are closed beginning March 16, 2020 and shall remain closed through April 30, 2020 inclusive, pending further order of the Public Health Of?cer. This order supersedes the prior order of ?vtarch 13, 2020. 2. Individual school districts and educational institutions shall have the discretion to determine the minimum essential personnel as required to support critical functions within these districts and institutions such as federal food service programs, security, and necessary maintenance. '93 This Order does not apply to general food, daycare and childcare services. However, these sertings are instructed to observe all applicable state and tederal guidelines for infection control. 4. Daycare and childcare facilities shall operate under the following. mandatory conditions: A. Childcare must be carried out in stable groups of 1.2 or fewer (?stable? means that the same 1'3. or fewer children are in the same group each day). B. Children shall not change from one group to another. C. If more than one group of children is cared Tor at one facility, each group shall be in a separate room. Groups shall not mi?t with each other. D. Childcare providers shall remain solely with one group of children. 5. This Order is issued as a result of the worldwide pandemic of disease, also known as ?novel coronavirus,? which has infected at least 128,000 individuals worldwide in 116 countries and is implicated in over 4,700 worldwide deaths, including eight cases in Riverside County residents. 6. This Order is issued based on evidence of increasing transmission of both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and Speci?cally, as well as best practices as currently known and available to protect the public from the risk of spread of or exposure to This Order is intended to reduce the likelihood of exposure to thereby slowing the spread of in. communities worldwide. Case Document 183-1 Filed 04/10/20 Page 28 of 72 Page ID #:17801 8. This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency'based on an imminent and proximate threat to public health from the introduction of novel in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency due to the March 12, 2020 Order of the Public Health Of?cer Cancelling All Events With Attendance Above 250 Individuals; and the guidance issued on March 11, 2020 by the California Department of Public Health regarding large gatherings of 250 people or more; the March 13, 2020 Order of the Public Health Of?cer Cancelling All Gatherings of More Than 10 Persons; and all subsequent federal, state, and local orders and guidance from the and CDC. 9.. This Order comes after the release of the March 16, 2020 Order of the County Public Health Officer, substantial guidance from the Centers for Disease Control and Prevention, the State Department of PublicHealth, and other public health officials through the United States and around the world recommending the" cancellation of mass gatherings involving more than ten (10) or more persons in a single space at the same time. 10. This Order comes after the World Health Organization characterized as a pandemic. 11. This Order comes after the President of the United States declared a national emergency on March 13, 2020. 12. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. 1.3. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheriff and all Chiefs of Police in the County ensure compliance with and enforcement of this Order. 14. Copies of this Order shall be: (1) made available at the County of Riverside Health Administration of?ce located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the County of Riverside Pubiic Health Department?s website (rivcophorg); and (3) provided to any member of the public requesting a copy of this Order. IT IS SO ORDERED: .J '1 Dated: March 17, 2020 Dr. Cameron Kaiser, MD, MPH, FAAFP Public Health Of?cer County of Riverside Case Document 183-1 Filed 04/10/20 Page 29 of 72 Page ID #:17802 Approved as to form and legalityDated: March 17, 2020 Gregory P. Priamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 30 of 72 Page ID #:17803 AM ENDEI) ORDER OF THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE CLOSING ALL SCHOOLS COMMU COLLEGES COLLEGES AND UNIVERSITIES FROM. MARCH 16. 2020 THROUGH JUNE 19? 2020 DATE OF ORDER: APRIL 1, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. (California Health and Safety Code l20295; County Ordinances 533 and 556.) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101.085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 250], AND RIVERSIDE COUNTY CODE SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: I. All. schools within the jurisdiction of the Public Health Of?cer of the County of Riverside including, but not limited to, all preschools, K-12 public, private and charter schools, community colleges, public, private, nonpro?t, and for-pro?t colleges and universities are closed beginning March 16, 2020 and shall remain closed through June 2020 inclusive, pending ?nther order of the Public Health Officer. This order supersedes the prior order of halal-ch 7, 2020. 2. Individual school districts and. educational institutions shall have the discretion to determine the minimum essential personnel as required to support critical functions within those districts and institutions such as federal food service programs, security, and necessary maintenance. 3. This Order does not apply to general. food, daycare and childcare services, However, these settings are instructed to observe all applicable state and federal guidelines for infection control. 4. Daycare and childcare facilities shall operate under the following mandatory conditions: A. Childcare must be carried out in stable groups of 12 or fewer (?stable? means that the same 12 or fewer children are in the same group each day). B. Children shall not change from one group to another. C. If more than one group of children is cared for at one facility, each group shall be in a separate-room, Groups shall not mix with each other. D. Childcare providers shall remain solely with one group of children. 5. This Order is issued as a result of the worldwide pandemic of disease, also known as ?novel coronavirus,? which has infected at least 926,000 individuals worldwide in 180 countries and is implicated in over 46,000 worldwide deaths, including eight cases in Riverside County residents. 6. This Order is issued based on evidence of increasing transmission of both within the County of "Riverside and worldwide, scienti?c evidence regarding the most effective approach. to slow transmission of communicable diseases generally and CO 13- '19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of spread of or exposure to COVID- 9. 7. This Order is intended to reduce the likelihood of exposure to thereby slowing the spread of in communities worldwide. Case Document 183-1 Filed 04/10/20 Page 31 of 72 Page ID #:17804 8. This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and. proximate threat to public health from the introduction of novel in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratiiying and extending the Declaration of Local Health Emergency due to the March 12, 2020 Order of the Public Health Officer Cancelling All Events With Attendance Above 250 Individuals; and the guidance issued on March 11., 2020 by the California Department of Public Health regarding large gatherings 01"250 people or more; the March 13, 2020 Order of the Public Health Officer Cancelling All Gatherings of More Than l0 Persons; and all subsequent federal, state, and local orders and guidance from. the CDPH and CDC. 9. This Order comes after the release of the March 16, 2020 Order of the County .Public Health Of?cer, substantial guidance item the Centers for Disease Control and Prevention, the State Department of'Public .Health, and other public health of?cials through the United States and around the world. recommending the cancellation of mass gatherings involving more than ten (10) or more persons in a single space at the same time. 10. This Order comes after the World Health Organization characterized as a pandemic. l. This Order comes after the President of the United States declared a national emergency on March 2020. 12. This Order is .made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections "1201 00, et seq.; and Title 17 of the California Code of Regulations section 2501. 13. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Of?cer requests that the Sheriff and all Chiefs of Police in the County ensure compliance with and enforcement of this Order. 14. Copies of this Order shall be: (1) made available at the County of Riverside Health Administration office located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the Counbi of Riverside Public Health Department?s website and. (3) provided to any member of the public requesting a copy of this Order. IT IS SO ORDERED: 5 L2, Wk Dated: April 2,2029 Dr. Cameron Kaiser, MD, MPH, FAAF Public Health Of?cer County of Riverside Case Document 183-1 Filed 04/10/20 Page 32 of 72 Page ID #:17805 Approved as to form and legality: Dated: April I, 2020 Gregory @?riamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 33 of 72 Page ID #:17806 EXHIBITI Case Document 183-1 Filed 04/10/20 Page 34 of 72 Page ID #:17807 ORDER OF THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE CAN CELLING ALLGATHERIN GS WITH EXPECTED PRESENCE ABOVE 10 INDIVIDUALS DATE OF ORDER: 16, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. (California Health and Safety Code 120295; County Ordinances 533 and 556.) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, AND RIVERSIDE COUNTY CODE SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: 1. All gatherings within the jurisdiction of the Public Health Officer of the County of Riverside with an expected presence of at least 151 individuals taking place between March '16, 2020 and April 30, 2020 inclusive are hereby prohibited, regardless of venue. If a venue is subdivided into multiple spaces separated by physical walls or suf?cient airspace, the limit per subdivision of space is 10. This order supersedes the Order of March 12, 2020 regarding mass gatherings. 2. It is further ordered that even for gatherings below this size, if a minimum social distance of six feet between attendees cannot be maintained in the venue or a subdivision thereof, the gathering is prohibited. 3. This Order does not apply to courts of law, medical providers, public utilities, critical county, city, and special district operations, critical school operations such as nutrition programs, continuity of business operations, logistiCSIdistribution centers, congregate living settings, daycare and childcare, shelters, public transportation, airport travel, or necessary shepping at fuel stations, stores or malls. However, these settings are instructed to observe all applicable state and federal guidelines for infection control. 4. To the extent possible, daycare and childcare facilities must operate under the following mandatory conditions: A. Childcare must be carried out in stable groups of 12 or fewer (?stable? means that the same 12 or fewer children are in the same group each day). B. Children shall not change from one group to another. C. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other. D. Childcare providers shall remain solely with one group of children. 5. This Order is issued as a result of the worldwide pandemic of disease, also known as ?novel coronaviius,? which has infected at least 128,000 individuais worldwide in 16 countries and is implicated in over-4,700 worldwide deaths, including ?fteen (15) cases in Riverside County. 6. This Order is issued based on evidence of increasing transmission of COVE-19 both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and COVID-19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of spread of or exposure to COVID-19. 7. This Order is intended to reduce the likelihood of exposure to COVID-19, thereby slowing the spread of in communities worldwide. As the presence of individuals increases, the difficulty and magnitude of tracing individuals who may have been exposed to a case rises Case Document 183-1 Filed 04/10/20 Page 35 of 72 Page ID #:17808 exponentially, increasing the likelihood that such gatherings will impair efforts at mitigating the spread of the illness. 8. This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel COV 113-19 in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regardingCOVID-19; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency due to the guidance issued on March 11, 2020 by the California Department of Public Health regarding large gatherings of 250 people or more; and the guidance issued on March 15, 2020 by the Governor of California. 9. This Order cemes after the release of substantial guidance from the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health officials through the United States and around the world recommending the cancellation of gatherings involving more than ten (10) or more persons in a single space at the same time. 10. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code Sections 120100, et seq. and Title 17 of the California Code of Regulations section 2501. 11.. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029. the Health Of?cer requests that the Sheriff and all Chiefs of Police in the County ensme compliance with and enforcement of this Order. Case Document 183-1 Filed 04/10/20 Page 36 of 72 Page ID #:17809 12. Copies of this Order shall be: (I) made available at the County of Riverside Health Administration of?ce located at. 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the Cotmty of Riverside Public Health Department?s website and (3) provided to any member of the public requesting a copy of this Order. IT IS SO ORDERED: . i - Dated: March 16,2020 1 Dr. Cameron Kaiser, MD, MPH, FAAFP Public Health Of?cer County of Riverside Approved as to form and legality: 4- I, . Dated: March 16, 2020 i, Gregory P. Priamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 37 of 72 Page ID #:17810 EXHIBITJ Case Document 183-1 Filed 04/10/20 Page 38 of 72 Page ID #117811 ORDER OF THE HEALTH OFFICER FOR THE COUNTY OF RIVERSIDE CLARIFICATION OF ORDER AS RELATED TO SHORT TERM LODGING FACILITIES DATE OF ORDER: MARCH 27, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. (California Health and Safety Code 120295; County Ordinances 533 and 556.) WHEREAS, a state of emergency has been declared by the State of Califomia, and both a local health emergency and local emergency has been declared in the County of Riverside (the ?County?) in response to the virus COVID- 19; and WHEREAS, in the County as well as throughout California and the nation, there are insufficient quantities of critical healthcare in?as?ucture, including hospital beds, ventilators and workers, capable of adequately treating mass numbers of patients at a single time should the virus spread unchecked; and WHEREAS, in direct response to that lack of healthcare infrastructure, governments across the nation are taking actions to slow the spread of COVE-19 in order to ??atten the curve? of infection and reduce the numbers of individuals infected at any one time by minimizing situations where the virus can spread; and WHEREAS, in furtherance of this effort, on March 19, 2020, Governor Newsom issued Executive Order which is attached hereto as Exhibit and incorporated by this reference, requiring all persons residing in the State to remain in their homes or places of residence, except as needed to maintain the continuity of operations for critical infrastructure (the ?Stay-at- Home Order?); and WHEREAS, also on March 19, 2020, the State Public Health Of?cer ordered all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, a copy of which is attached hereto as Exhibit and incorporated by this reference; and WHEREAS, on March 20, 2020, the State Public Health Of?cer designated a list of ?Essential Critical In?estructme Workers? to help state, local, tribal, and industry partners as they work to protect communities, While ensuring continuity of ?mctions critical to public health and safety, a copy of which is attached hereto as Exhibit and incorporated by this reference; and WHEREAS, Exhibit further lists speci?c jobs and ?inctions within these critical infrastructure sectors that are deemed ?necessary?. This includes hotels and lodging activities related to isolating or quarantining persons infected with or exposed to the COVID-19 virus, or housing workers performing jobs deemed essential to maintaining critical infrastructure; and WHEREAS, the County Health Of?cer ?nds that the use of short-term lodging for non- purposes is a direct violation of the Governor?s Stay?at?Home Order as it: (1) Case Document 183-1 Filed 04/10/20 Page 39 of 72 Page ID #:17812 encourages an in?ux of persons into the County, thus increasing the potential for the spread of the illness and adding strain upon the County health care system; and (2) is likely to impair efforts at mitigating the spread of the illness both within the County and statewide; and WIEREAS, the County Health Of?cer wishes to provide clarity to businesses, renters, and property owners in the short-term lodging sector of the County regarding Operations under the Govemor?s Stay-At-Home Order and therefore issues the following: NOW, THEREFORE, UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, AND RIVERSIDE COUNTY CODE SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS as follows: 1. Short-term lodging facilities (including short-term rentals, vacation rentals, timeshares, hotels, motels, and other short-term lodgings) within the County of Riverside may remain open for the following limited purposes: a. To serve as short?term lodging facilities which are used for the following COVID- 19 mitigation and containment measures: i. Lodging to protect the homeless population; ii. Lodging for persons who have been displaced and cannot return to their residence because there is a person residing at the residence that must isolate or quarantine or is at a higher risk of severe illness; Lodging for persons who need to isolate or quarantine b. Short-term lodging facilities (including short-term rentals, vacation rentals, timeshares, hotels, motels, and other short?term lodgings) which are used to house essential workers performing functions that are essential to maintain the continuity of operations for critical infrastructure, as listed in the attached Guidance. 2. No homeowner, agent of the homeowner, marketing agent, listing agent, or real estate agent shall engage in efforts to rent or lease any short-term rentals, vacation rentals, timeshares, hotels, motels, andfor other short-term lodging within the County of Riverside for any purpose other than those identi?ed in Paragraph 1 above. 3. In the event of a question or uncertainty as to whether a particular short-term lodging use falls within the Public Health Of?cer?s exemptions whether it constitutes a mitigation or containment measure, or involves an essential worker), a written determination from the County of Riverside Health Of?cer, that the use is authorized, or a directive from the Health Of?cer shall be adequate to authorize such use. 4. This Order shall be effective immediately and will remain in effect until further Order of the Health Of?cer. 5. This Order is issued as a result of the worldwide pandemic of disease, also known as ?novel coronavirus,? which has infected at least 529,591 individuals worldwide Case Document 183-1 Filed 04/10/20 Page 40 of 72 Page ID 10. #:17813 in 175 countries and is implicated in over 23,970 worldwide deaths, including one hundred and seven cases and eight (8) deaths in Riverside County. This Order is issued based on evidence of increasing transmission of both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and 19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of Spread of or exposure to COVID-19. This Order is intended to reduce the likelihood of exposure to thereby slowing the spread of in communities worldwide. As the presence of individuals increases, the dif?culty and magnitude of tracing individuals who may have been exposed to a case rises exponentially. Short-term lodging facilities which are utilized for housing a frequently rotating clientele will likely impair efforts at mitigating the spread of the illness. This Order is is sued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel COVE-19 in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency "due to the guidance issued on March 11, 2020 by the California Department of Public Health regarding large gatherings of 250 people or more; Governor Gavin Newsom?s Executive Order N-25-20 of March 12, 2020 preparing the State to commandeer hotels and other places of temporary residence, medical facilities, and other facilities that are suitable as places of temporary residence . or medical facilities as necessary for quarantining, isolating or treating individuals who test positive for 9 or who have had a high-risk exposure and are thought to be in the incubation period; the guidance issued on March 15, 2020 by the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health of?cials through the United States and around the world recommending the cancellation of gatherings involving more than ?fty (50) or more persons in a single space at the same time; the March 16, 2020 order of the Public Health Of?cer prohibiting all gatherings with expected presence above ten (10) individuals; and Governor Newsom?s Executive Order of March 19, 2020 ordering all persons to stay at home to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheri? and all Chiefs of Police in the County ensure compliance with and enforcement of this Order. Case Document 183-1 Filed 04/10/20 Page 41 of 72 Page ID #:17814 11. C0pies of this Order shall be: made available at the County of Riverside Health Administration of?ce located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the County of Riverside Public Health Department?s website and (3) provided to any member of the public requesting a copy of this Order. 1 IS SO ORDERED: PK .10 ta Dr. Cameron Kaiser, MD, MPH, FAAF Public Health Of?cer County of Riverside Dated: March 27, 2020 EREERGENCY REGULATIONS As Director of Emergency Services for the County of Riverside, I am authorized to promulgate regulations for the protection for life and property pursuant to Government Code section 8634 and Riverside County Ordinances 442 and 533. The following shall be in effect for the duration of the County of Riverside Health Of?cer?s Order issued above which is incorporated in its entirety by reference: The County of Riverside Health Of?cer?s Order shall be promulgated as a regulation for the protection of life and pr0perty. Any person who violates who violates or re?ises or willfully neglects to obey this regulation is subject to ?ne, imprisonment, or both, pursuant to Government Code section 8665. Dated: March 27, 2020 G?o/rge John County Executive Of?cer Director of Emergency Services County of Riverside Approved as to form and legality: x" :1 .f 635? If, f? Dated: March. 27, 2020 Gregofy?P. Priamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 42 of 72 Page ID #:17815 ?l?i?tt?-J-B ORDER OF THE HEALTH OFFICER FOR EHE COUNTY OF RIVERSIDE CLARIFICATION or ORDER AS RELATED TO SHORT LODGING FACILITIES DATE or cases: no as, 2cm; Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. Violators are also subject to civil enforcement actions including civil casualties of up to $1,000 per violatzon per day, injunctive relief, and attorneys tees and costs (California Health and Safety Code 120295 County Ordinances 533 and 556.) WHEREAS, a state of emergency has been. declared by the State of California, and, both. a local health emergency and local emergency has been declared in the County of Riverside (the ?County?) in response to the virus and WHEREAS, in the County as well as throughout California and the nation, there are insuf?cient quantities of critical healthcare infrastructure, including hospital beds, ventilators and workers, capable of adequately treating mass numbers of patients at a single time should the virus spread unchecked: and WHEREAS, in direct response to that lack of healthcare infrastructure, governments across the nation are taking actions to "slow the spread of in order to ??atten the curve? of infection and reduce the numbers of individuals infected at any one time by minimizing situations where the virus can spread; and WHEREAS, in furtherance of this effort, on March 19, 2020, Governor Newsom issued Executive Order N-33-20, which is attached hereto as Exhibit and incorporated by this reference, requiring all persons residing in the State to remain in their homes or places of residence, except as needed to maintain the continuity of operations for critical infrastructure (the ?Stay-at? Home Order?); and WHEREAS, also on March 19, 2020, the State Public Health Of?cer ordered all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of Operations of the federal critical infrastructure sectors, a copy of which is attached hereto as Exhibit and incorporated by this reference; and WHEREAS, on March 20, 2020, the State Public Health Of?cer designated a list of ?Essential Critical Infrastructure Workers? to help. state, local, tribal, and industry partners as they work to protect communities, while ensuring continuity of functions critical to public health and safety, a copy of which is attached hereto as Exhibit and incorporated by this reference; and WHEREAS, Exhibit further lists speci?c jobs and functions within those critical infrastructure sectors that are deemed "necessary?. This includes hotels and lodging activities related to isolating or quarantining persons infected with or exposed to the virus, or housing workers performing jobs deemed essential to maintaining critical infrastructure; and Case Document 183-1 Filed 04/10/20 Page 43 of 72 Page ID #:17816 2 WHEREAS, the County Health Of?cer ?nds that the use of short-term lodging for non- 9 purposes is a direct violation of the Governor?s Stay-at?Home Order as it: (1) encourages an in?ux of persons into the County, thus increasing the potential for the spread of the illness and adding strain upon the County health care system; and (2) is likely to impair efforts at mitigating the spread of the illness both within the County and statewide; and WHEREAS, the County Health Of?cer wishes to provide clarity to businesses, renters, and property owners in the short-term lodging sector of the County regarding operations under the Governor?s S-tay?At-Horne Order and therefore issues the following: NOW, THEREFORE, UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, AND RIVERSIDE COUNTY CODE SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS as follows: I. Short-tent} lodging facilities (including short-term rentals, vacation rentals, timeshares, hotels, motels, and other short?term lodgings) within the County of Riverside may remain open for the following limited purposes: a. To serve as short-term lodging facilities which are used for the following COVID- 19 mitigation and containment measures: i. Lodging to protect the homeless population; ii. Lodging for persons who have been displaced and cannot return to their residence because there is a person residing at the residence that must isolate or quarantine or is at a ?higher risk of severe illness; Lodging for persons who need to isolate or quarantine. b. Short-term lodging facilities (including short-term rentals, vacation rentals, timeshares, hotels, motels, and other short-term lodgings) which are used to house essential workers performing functions that are essential to maintain the continuity of operations for critical infrastructure, as listed in the attached Guidance. 2. No homeowner, agent of the homeowner, marketing agent, listing agent, or real estate agent shall engage in efforts to rent or lease any short?term rentals, vacation rentals, timeshares, hotels, motels, and/or other short-term lodging within the County of Riverside for any purpose other than those identi?ed in Paragraph 1 above. 3. In the event of a question or uncertainty as to whether a particular short-term lodging use falls within the Public Health Of?cer?s exemptions whether it constitutes a mitigation or containment measure, or involves an essential worker), a written. determination from the County of Riverside Health Of?cer, that the use is authorized, or a directive from the Health Of?cer shall be adequate to authorize such use. 4. This Order shall be effective immediately and will remain in effect until April 30, 2020, pending fur ther Order ofthe Public Health Officer. This Order supersedes the prior Order oi'lViareh 27, 2020. Case Document 183-1 Filed 04/10/20 Page 44 of 72 Page ID #:17817 3 5. This Order is issued as a result of the worldwide pandemic of COVID-19 disease, also known as ?novel coronavirus,? which has infected at least 529,591 individuals worldwide in 175 countries and is implicated in over 23,970 worldwide deaths, including one hundred and seven (107) cases and eight (8) deaths in Riverside County. 6. This Order is issued based on evidence of increasing transmission of COVID-19 both within the County of Riverside and worldwide, scient?e evidence regarding the most effective approach to slow transmission of communicable diseases generally and 19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of spread of or exposure to COVID-19. 7. This Order is intended to reduce the likelihood of exposure to thereby slowing the spread of COVID-19 in communities worldwide. As the presence of individuals increases, the difficulty and magnitude of tracing individuals who may have been exposed to a case rises exponentially. Short-term lodging facilities which are utilized for housing a frequently rotating clientele will likely impair efforts at mitigating the Spread of the illness. 8. This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratiiying and extending the Declaration of Local Health Emergency due to the guidance issued on March 11, 2020 by the California Department of Public Health regarding large gatherings of 250 people or more; Governor Gavin Newsom?s Executive Order of March 12, 2020 preparing the State to commandeer hotels and other places of temporary residence, medical facilities, and, other facilities that are suitable as. places of temporary residence or medical facilities as necessary for quarantining, isolating or treating individuals who test positive for or who have had a high-risk exposure and are thought to be in the incubation period; the guidance issued on March 15, 2020 by the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health of?cials through the United States and around the world recommending the cancellation of gatherings involving more than fifty (50) or more persons in a single space at the same time; the March 16, 2020 order of the Public Health Of?cer prohibiting all gatherings with expected presence above ten (10) individuals; and Governor Newsom?s Executive Order of March 19,2020 ordering all persons to stay at home to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of 9. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. Case Document 183-1 Filed 04/10/20 Page 45 of 72 Page ID #:17818 4 10. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Of?cer requests that the Sheriff and all Chiefs of Police in the County ensure compliance with and enforcement of this Order. 11. Copies of this wider shall be: (1.) made available at the County of Riverside Health Administratidn of?ce located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the County of Riverside Public Health Depamnent?s website and (3) provided to any member of the public requesting a copy of this Order. IT IS SO ORDERED: ag?m?m Dated: March 30, 2020 Dr. Cameron Kaiser, MD, MPH, FAAFP Public Health. Of?cer County of Riverside Case Document 183-1 Filed 04/10/20 Page 46 of 72 Page ID #:17819 5 EMERGENCY REGULATIONS As Director of Emergency Services for the County of Riverside, 1 am authorized to promulgate regulations for the protection for life and property pursuant to Government Code section 8634 and Riverside County Ordinances 442. and. 533. The following shall be in effect for the duration of the County of Riverside Health Of?cer?s Order issued above which is incorporated in its entirety by reference: The County ofRiverside Health Officer?s Order shall be promulgated as a regulation for the protection of life and property. Any person who violates who violates or refuses or willfully neglects to obey this regulation is subject to ?ne, imprisonment, or both, pursuant to Government Code section 8665. are also subject to civil eni?oroeinmit actions including civil penalties ofup to ?51,000 per violation per day-t i?j unctivc relief, and attorneys? ?res and costs. A, 5/ G?irge John/ County Executive Of?cer Director of Emergency Services County of Riverside Dated: March 30, 2020 Approved as to form and legality: 4 Dated: March 30,2020 Gregory {Priamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 47 of 72 Page ID #:17820 cases on THE HEALTH OFFICER FOR THE COUNTY or RIVERSIDE CLARIFICATION 0F ORDER AS RELATED TO SHORT TERM LODGING. FACILITIES rs or ORDER: 3:33;; .2, 2m HI . In? Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. Violators are also subject to civil enforcement actions including civil penalties of up to 1,000 per violation per day, injunctive relief, and attorneys? fees and costs. (California Health and Safety Code 120295; County Ordinances 533 and 556.) WHEREAS, a state of emergency has been declared by the State of California, and both a local health emergency and local emergency has been declared in the County of Riverside (the ?County?) in response to the virus and WHEREAS, in the County as well as throughout California and the nation, there are insuf?cient quantities of critical healthcare infrastructure, including hospital beds, ventilators and workers, capable of adequately treating mass numbers of patients at a single time should the virus spread unchecked: and WHEREAS, in direct response to that lack ofhealthcare infrastnicture',? across the nation are taking actions to slow the spread of COVID-19 in order to ??atten the curve? of infection and reduce the numbers of individuals infected at any one time by minimizing situations where the virus can spread; and WHEREAS, in ?irtherance of this effort, on March 19, 2020, Governor Newsom issued. Executive Order N-33-20 requiring all persons residing in the State to remain in their homes or places of residence, except as needed to maintain the continuity of operations for critical infrastructure (the ?Stay?at?Horne Order?); and WHEREAS, also on March 19, 2020, the State Public Health. Of?cer ordered all individuals living in the State ?of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 20, 2020, the State Public Health Of?cer designated a list of ?Essential Critical In?astructure Workers? to help state, iocal, tribal, and industry partners as they work to protect communities, while ensuring continuity of functions critical to public health and safety; and WHEREAS, the State Public Health Of?cer further lists speci?c jobs and functions within those critical infrastructure sectors that are deemed ?necessary?. This includes hotels and lodging activities relatedto isolating or quarantining persons infected with or exposed to the COVID-19 virus, or housing workers performing jobs deemed. essential to maintaining critical infrastructure; and Case Document 183-1 Filed 04/10/20 Page 48 of 72 Page ID #:17821 2 WHEREAS, the County Health Officer ?nds that the use of short-term lodging for non- COVID-II9 purposes is a direct violation of the Governor?s Stay-at?Home Order as it: (1) encourages an in?ux of persons into the County, thus increasing the potential for the spread of the illness and adding strain upon the County health care system; and (2) is likely to impair efforts at mitigating the spread of the illness both within the County and statewide; and WHEREAS, the County Health Of?cer wishes to provide clarity to businesses, renters, and property owners in the short-term lodging sector of the County regarding operations under the Governor?s Stay-At-Home Order and therefore issues the following: NOW, THEREFORE, UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, AND RIVERSIDE COUNTY CODE SECTION 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS as follows: 1. Short-term lodging facilities (including short-term. rentals. vacation rentals, timeshares, hotels, motels, and other short-term lodgings) within the County of Riverside may remain open for the following limited purposes: a. To serve as short-term lodging facilities which are used for the following COVID- 19 mitigation and containment measures: i. Lodging to protect the homeless population; ii. Lodging for persons who have been displaced and cannot return. to their residence because there is a person residing at the residence that must isolate or quarantine or is at a higher risk of. severe illness; Lodging for persons who need to isolate or quarantine b. Short-term lodging facilities (including short-term rentals, vacation rentals, timeshares, hotels, motels, and other short-term lodgings) which are used to house essential workers performing ?rnctions? that are essential to maintain the continuity of operations for critical infrastructure, as listed in the attached Guidance. 2. No homeowner, agent of the homeowner, marketing agent, listing agent, or real estate agent shall engage in efforts to rent or lease any short?term rentals, vacation rentals, timeshares, hotels, motels, and/or other short-term lodging within the County of Riverside for any purpose other than those identi?ed in Paragraph 1 above. 3. For pom-Jess of this Order, a "streamers; ?lodging facility? shall be understood to refer to an}, facility, including short-term rentals, vacation rentals, timeshares. hotels, motels. and ether short-tone lodgings, which provides lodging erase unrnodaiion to persons for a time {mind af?xing; days or less. This definition shall spersedc? any de?nition, timeframc. or day which may currently be in use it} any city witlnn the County ofRix-ersidc to refer to ?short-term Zlodging(s)" or "short?term Case Document 183-1 Filed 04/10/20 Page 49 of 72 Page ID #:17822 3 4. This Order shall be- effective immediately and will remain in effect Until Jane 19, 2020,. pending further Order of the Public Health Of?cer. '1 his tender superse es the prior Orders oi Mat ch 27, 2020 and Match 30. 2020. This Order shall be understood to applj.? However. in situations where short- lodgings have guests currently utm-i?tt? that were physically present on the property prior to March. 202% guests may stay cn~site through the cud of their original period. Bookings may not be extended beyond the origznal ending date: Larissa. guests dill into those categories identified in Paragraph above, namely guests are: (1) homeless; persons who have been displaced and cannot return to their residence because there is a person residing at the residence that must isolate or quarantine or is at a higher risk of severe illness; (3) persons who need to isolate or semantics; or (4) essential workers. 5. In the event of a question or uncertainty as to whether a particular ?short-term lodging use falls within the Public Health Of?cer?s exemptions (i whether it constitutes a mitigation or containment measure, or involves an essential worker), a written determination from the County of Riverside Health Of?cer, that the use is authorized, or a directive from the Health Of?cer shall be adequate to authorize such use. 6. This Order is issued as a result of the worldwide pandemic of COVID-19 disease, also known as ?novel coronavirus,? which has infected overone million individuals Worldwide in over 180 "countries and is implicated in'over 50,000 worldwide deaths, including over 400 cases and 13 deaths in Riverside County. These numbers increase signi?cantly every day. 7. This Order is issued based on evidence of increasing transmission of COVTD-19 both within the County of Riverside and worldwide, scienti?c evidence regarding the most eifecti?ve approach to slow transmission of communicable diseases generally and COVID- 19 speci?cally, as well as best practices as currently known and avail-able to protect the public from the risk of spread of or exposure to 8. This Order is intended to reduce the likelihood of exposure to COVID-19, thereby slowing the spread of in communities worldwide. As the presence of individuals increases, the dif?culty and magnitude of tracing individuals who may have been exposed to a case rises exponentially. Short-term lodging facilities which are utilized for housing a ??equently rotating clientele will likely impair efforts at mitigating the spread ofthe illness. \0 This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the. introduction of novel in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency due to the guidance Case Document 183-1 Filed 04/10/20 Page 50 of 72 Page ID #:17823 4 issued on March 11, 2020 by the California Department of Public Health regarding large gatherings of 250 people or more, Governor Gavin Newsom?s Executive Order N-25-20 of March 12, 2020 preparing the State to commandeer hotels and other places of- temporary residence, medical facilities, and other facilities that are suitable as places of temporary residence or medical facilities as necessary for quarantining, isolating or treating individuals who test positive for COVID-19 or who have had a high-risk exposure and are" thought to be in the incubation period; the guidance issued on March 15, 2020 by the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health officials through the United States and around the world recommending the cancellation of gatherings involving more than ?fty (50) or more persons in a single space at the same time; the March 16, 2020 order of the Public Health Of?cer prohibiting all gatherings with expected presence above ten (10) individuals; Governor Newsom"s Executive Order N-33-20 of March 19, 2020 ordering all persons to stay at home to protect the health and well?being of all Californians and to establish consistency across the state in order to slow the spread of Governor Newsorn?s Executive Order giving the state the ability to increase the health care capacity in clinics, mobile health care units and adult day health care facilities and allowing local governments more ?exibility to utilize the skills of retired employees in order to meet the COVID-19 surge; and Governor Newsom?s Executive Order N-3 9-20 intended to expand _the health care vvorkforce and recruit health care professionals to address the COVE-19 surge. The Governor and the County Public Health Of?cer continue to issue related orders to mitigate the public health crisis. 10. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. 11. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code sectiOn 101029, the Health Of?cer requests that the Sheriff and all Chiefs of Police in the County ensure compliance with and. enforcement of this Order. 12. Copies of this. Order shall be: (1) made available at the County of Riverside Health Administration office located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the County of Riverside Public Health Department?s website (rivcophorg); and (3) provided. to any member of the public requesting a copy of this Order. IT IS SO ORDERED: M. WW3 Dated: April 2, 2020 Dr. Cameron Kaiser, MD, MPH, FAAFP Public Health Of?cer County of Riverside Case Document 183-1 Filed 04/10/20 Page 51 of 72 Page ID #:17824 5 REGULATIONS As Director of Emergency Services for the County of Riverside, I am authorized to promulgate regulations for the protection for life and property pursuant to Government Code section 8634 and Riverside County Ordinances 4-42 and 33. The following shall be in effect for the duration of the County of Riverside Health Of?cer?s Order issued above which is incorporated in its entirety by reference: The County of Riverside Health Of?cer's Order shall be promulgated as a regulation for the protection of life and property. Any person who violates who violates or refuses or will?illy neglects to obey this regulation is subject to ?ne, imprisonment, or both, pursuant to Government Code section 8665. Violators are also subject to civil enforcement actions including civil penalties of up to $1,000 per violation per day, injunctive relief, and attorneys? fees and costs. 2? . Dated: April 2, 2020 Ge ge Johnson County Executive Of?cer Director of Emergency Services County of Riverside Approved as to form and legality: . wL.?Ma? - v' . ?j Dated: April 2, 2020 Gregon/P. Priamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 52 of 72 Page ID #:17825 EXHIBIT Case Document 183-1 Filed 04/10/20 Page 53 of 72 Page ID #:17826 ORDER OF THE HEALTH OFFICER FOR THE COUNTY OF RIVERSIDE AND OF THE COUNTY EXECUTIVE OFFICER AS DIRECTOR OF EMERGENCY SERVICES CLOSING ALL GOLF COURSES AN CILLARY USE AREAS EFFECTIVE IMIVIEDIATELY DATE OF ORDER: APRIL 2, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. Violators are also subject to civil enforcement actions including civil penalties of up to $1,000 per violation per day, injunctive relief, and attorneys? fees and costs. (Penal Code section 19; Government Code section 25132; County Ordinances 533 and 556.) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, ARTICLE XI OF THE CALIFORNIA CALIFORNIA GOVERNMENT CODE SECTIONS 8610, 8630, AND 8634; AND RIVERSIDE COUNTY CODE SECTIONS 442 AND 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: 1. All golf courses in the County of Riverside, whether public or private, and their ancillary use areas, which include but are not limited to parking areas, clubhouses, driving ranges, practice putting greens, and food and beverage service areas, are hereby closed effective immediately and shall remain closed until June 19, 2020, pending further Order of the Public Health Of?cer. Use of golf courses, and their ancillary use areas, shall not be permitted by any person or group, regardless of membership status, course admission cost, or party size. 2. This Order shall not restrict the ability of a golf club and/or golf course to continue landscaping and maintenance efforts so that the club and/or course, whether public or private, may be able to resume full operations once applicable state and local orders are lifted. Similarly, this Order shall not restrict the ability of a golf club and/or golf course to maintain minimum business operations, such as security. 3. This Order is issued as a result of the worldwide pandemic of COVID-19 disease, also known as ?novel coronavirus,? which has infected over one million individuals worldwide in over 180 countries and is implicated in over 50,000 worldwide deaths, including over 400 cases and 13 deaths in Riverside County. These numbers increase signi?cantly every day. 4. This Order is issued based on evidence of increasing transmission of both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and Case Document 183-1 Filed 04/10/20 Page 54 of 72 Page ID #:17827 19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of spread of or exposure to 5. This Order is intended to address the strain upon the health care system from the effects of the COVID-19 virus. Similarly, this Order is intended to reduce the likelihood of exposure to COVID-19, thereby slowing the spread of in communities worldwide. 6. This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel COVID-19 in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency due to 9; the guidance issued on March 11, 2020 by the California Department of Public Health regarding large gatherings of 250 people or more; Governor Gavin Newsom?s Executive Order of March 12, 2020 preparing the State to commandeer hotels and other places of temporary residence, medical facilities, and other facilities that are suitable as places of temporary residence or medical facilities as necessary for quarantining, isolating or treating individuals who test positive for 9 or who have had a high-risk exposure and are thought to be in the incubation period; the guidance issued on March 15, 2020 by the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health of?cials through the United States and around the world recommending the cancellation of gatherings involving more than ?fty (50) or more persons in a single space at the same time; the March 16, 2020 order of the Public Health Of?cer prohibiting all gatherings with expected presence above ten (10) individuals; Governor Newsom?s Executive Order N-33-20 of March 19, 2020 ordering all persons to stay at home to protect the health and well?being of all Californians and to establish consistency across the state in order to slow the spread of Governor Newsom?s Executive Order giving the state the ability to increase the health care capacity in clinics, mobile health care units and adult day health care facilities and allowing local governments more ?exibility to utilize the skills of retired employees in order to meet the surge; and Governor Newsom?s Executive Order intended to expand the health care workforce and recruit health care professionals to address the surge. The Governor and the County Public Health Of?cer continue to issue related orders to mitigate the public health crisis. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. 8. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheriff and all Chiefs of Police in the County ensure compliance with and enforcement of this Order. Case Document 183-1 Filed 04/10/20 Page 55 of 72 Page ID #:17828 Violators are also subject to civil enforcement actions including civil penalties of up to $1,000 per violation per day, injunctive relief, and attorneys? fees and costs. 9. Copies of this Order shall be: (1) made available at the County of Riverside Health Administration of?ce located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the County of Riverside Public Health Department?s website (rivcoph.org); and (3) provided to any member of tne public requesting a copy of this Order. IT IS SO ORDERED: Cr? Dated: April 2, 2020 Dr. Cameron Kaiser, MD, MPH, FAAFP Public Health Officer County of Riverside EMERGENCY REGULATIONS As Director of Emergency Services for the County of Riverside, I am authorized to promulgate regulations for the protection for life and property pursuant to Government Code section 8634 and Riverside County Ordinance 533. The following shall be in effect for the duration of the County of Riverside Health Of?cer?s Order issued above which is incorporated in its entirety by reference: The County of Riverside Health O?icer?s Order shall be promulgated as a regulation for the protection of life and property. Any person who violates who violates or refuses or will?illy neglects to obey this regulation is subject to ?ne, imprisonment, or both, pursuant to Government Code section 8665. Violators are also subject to civil enforcement actions including civil penalties of up to $1,000 per violation per day, injunctive relief, and attorneys? fees and costs. Dated: April 2, 2020 George Johns/ County Executive O?ic er Director of Emergency Services County of Riverside Approved ?as to form and legality: . . . ?9 Dated: April 2, 2020 Gregory {Priamos County Counsel County of Riverside Case Document 183-1 Filed 04/10/20 Page 56 of 72 Page ID #:17829 EXHIBIT Case Document 183-1 Filed 04/10/20 Page 57 of 72 Page ID #:17830 ORDER OF THE HEALTH OFFICER FOR THE COUNTY OF RIVERSIDE AND OF THE COUNTY EXECUTIVE OFFICER AS DIRECTOR OF EMERGENCY SERVICES DATE OF ORDER: AP 4, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. Violators are also subject to civil enforcement actions including civil penalties of'up to $1,000 per violation per day, injunctive relief, and attorneys? fees and costs. (Penal Code section 19; Governincnt Code sections 8665 and 25132; Health and Safety Code section 120295 ;.County Ordinances 533 and 556.) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101030, 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, ARTICLE XI OF THE CALIFORNIA CALIFORNIA GOVERNMENT CODE SECTIONS 8610, 8630, 8634, AND 8665; AND RIVERSIDE COUNTY CODE SECTIONS 442 AND 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: Effective 12:00 amen Sunda A rilS 2020 and continuin throu 11A ri130 2020,pending further Order of the Public Health Of?cer, the following will be in effect for the County of Riverside (herein-after the ?County?): 1. Executive Order N-33-20 issued by the Governor of the State of California ("Executive Order") (available at: pdf) ordered all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations of sectors designated in the document available at: as updated by the State Public Health Of?cer (?Essential Workers?). This also includes all orders of the State Public Health Of?cer. In conformance with, and where not superseded by the Executive Order, this Order additionally speci?es and orders as follows: a. All public or private "gatherings," as de?ned in section 2 below, within the jurisdiction of the Public Health Of?cer of the County of Riverside are prohibited, regardless of venue or size. b. This Order does not apply to courts of law, medical providers, public utilities, critical county, city, and special district operations, critical school operations such as nutrition programs, logistics/distribution centers, congregate living settings, daycare and child care, shelters, public. transportation, airport travel, or necessary shopping at fuel stations, stores or malls. However, these settings are instructed to observe all applicable state and federal guidelines for infection control. Case Document 183-1 Filed 04/10/20 Page 58 of 72 Page ID k. #117831 2 All essential businesses that remain in operation in accordance with the Order shall follow the Social Distancing and Infection Control Guidelines published by the CDC and California Department of Public Health. All essential businesses must ensure all required measures are implemented and must identify and require measures necessary to implement social distancing are implemented at each facility that will ensure social distancing and sanitation at that particular facility. If the measures identi?ed and implemented are not effective in maintaining proper social distancing and sanitation, additional measures shall be identi?ed and implemented or the facility shall be closed. All persons, including Essential Workers shall wear face coverings, such as scarves (dense fabric, without holes), bandanas, neck gaiter, or other fabric face coverings. All persons, including Essential Workers are discouraged ?om using Personal Protective Equipment (PPE), such as N95 masks, for non-medical reasons. All bars, adult entertainment establishments, and other business establishments that serve alcohol and do not serve food shall be and shall remain closed. All restaurants and other business establishments that serve? fetid?shallatge alien?:? site dining. All food served shall be by delivery, or through pick-up or drive thru. Social distancing shall be required for persons picking up food on site. All and ?tness centers shall be and shall remain closed. All essential businesses shall make every effort to use telecommuting for its workforce. Government entities shall enforce social distancing requirements at all parks and trails. If a government entity is unable to enforce social distancing at a park or trail, it shall be closed to the public. Parking lots at all parks and/or trails shall be closed and shall be accessible only by members of the public within walking distance of the parks and/or trails. Said parks and/or trails shall be used solely for walking, hiking, equestrian or bicycle riding. The public shall not congregate or participate in group sporting activities at such parks andfor trails. As outlined in the Public Health Officer?s Order of April 2, 2020, all publicand private golf courses are closed for play. Golf Clubs may allow members to walk the course solely for exercise. Golf Clubs that provide food services may continue to do so by delivery or through pick-up. Social distancing shall be required for persons picking up food on site and using a course for walking. As outlined in the Health Of?cer?s Amended Order of April 1, 2020, all schools within the jurisdiction of the Public Health Of?cer of the County of Riverside Case Document 183-1 Filed 04/10/20 Page 59 of 72 Page ID #117832 3 including, but not limited to, all preschools, K-12 public, private and charter schools, community colleges, public, private, nonpro?t, and for-pro?t colleges and universities shall remain closed through June 19, 2020, pending further Order of the Public Health Of?cer. This closure shall be understood to prohibit any activity where students, staif, parents, or members of the public gather on the school campus, including but not limited to: formal instruction; classes; laboratory sessions; tutoring; meeting; sporting events; or other extracurricular activities. Parents of school-aged minor children shall take steps to ensure children are not participating in activities prohibited by this Order, or the Executive Order, and that social distancing requirements are practiced at all times. Individual school districts and educational institutions shall continue to have the discretion to determine the minimum essential personnel as required to support critical ?mctions Within these districts and institutions such as federal food service programs, security, and necessary maintenance. This order shall not affect on-campus housing, dormitories or other congregate living arrangements, or staffing required to maintain and operate them. Daycare and childcare facilities shall continue to operate under the following mandatory conditions: (1) Childcare must be carried out in stable groups of 10 or fewer C'stable" means that the same 10 or fewer children are in the same group each day); Children shall not change from one group to another; (3) If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other; and (4) Childcare providers shall remain solely with one group of children. . A strong recommendation is made that all persons who are 65 years old or older, have a chronic underlying condition, or have a compromised immune system self? quarantine themselves at home. . "Non-essential personnel," as de?ned in section 2(0) below, are prohibited from entry into any hospital or long?term care facility. All essential personnel who show any potential signs or of shall be strictly prohibited ?om entry into hospitals or long?term care facilities. . Hospitals and healthcare providers shall take measures to preserve and prioritize resources including delaying non-emergent or elective surgeries or procedures where feasible. . As outlined in the Health Of?cer?s Order of April 3, 2020, all labs that perform COVID-19 testing for Riverside County clients, including but not limited to Kaiser . - . . . . . .. Case Document 183-1 Filed 04/10/20 Page 60 of 72 Page ID #:17833 4 Permanente; LabCorp, Quest Diagnostics, and labs operated by hospitals across the County of Riverside, shall continue to share orders and results with demographics with Manifest Medex (MX) to create a countywide COVID-19 dashboard to include information regarding tests performed, both pending and resulted, and occurrences by age, gender, and geographical location. Orders and results with demographics shall be shared either through electronic interfaces (preferred) or via electronic ?le transfers updated on at least a daily basis. q. All persons arriving in the county from international locations identi?ed on the Centers for Disease Control and Prevention (CDC) Warning Level 2 or 3 Travel Advisory (available at: shall be subject to 14?day home quarantine, self?monitoring. r. A strong recommendation is made for persons exhibiting mild to moderate of COVID- 1 9 to self-isolate themselves in their place of residence unless seeking medical treatment. A guide to is found here: ww .cdc.gov/coronavirus/201 9?npov/s vmptomsutesting/s 2. For purposes of this Order: a. "Gathering" is any event or convening that brings together-people in a single room or single space at the same time, including, but not limited to, an auditorium, stadium, arena. theater, church, casino, conference room, meeting hall, cafeteria, drive-in theater, parking lot, or any other indoor or outdoor space used for any non- essential purpose including, but not limited to, movies, church services, swap meets, etc. A gathering does not include: i. A convening of persons who reside in the same residence. ii. Operations at airports and/or public transportation. Operations at essential businesses included in the designated sectors referenced in section 1 above, where many people are present but are able to practice social distancing. b. "Long term care facility" is a facility serving adults that require assistance with activities of daily living, including a skilled nursing facility, and that is licensed by the California Department of Conununity Care and Licensing, or the California Department of Public Health. c. "Non?essential personnel" for the purpose of section 1 above, are employees, contractors, or members of the public who do not. perform treatment, maintenance, support, or administrative tasks deemed essential to the healthcare mission of the long term care facility or hospital. Non-essential personnel do not include ?rst responders, nor State, federal, or local of?cials, investigators, or medical personnel carrying out lawful duties. Entry of visnors to hospitals and long?term. care'facilities are allowed upon the approval of the facility's director, or designee, for the purpose .. . H. .. Case Document 183-1 Filed 04/10/20 Page 61 of 72 Page ID #117834 5 of allowing family and friends to visit a resident such as in an end of life situation, to allow parents or guardians to visit a child who is a patient, or any other circumstances deemed appropriate by the facility director, or designee, and where appropriate precautions by the facility that follow federal, State, and local public health guidance regarding are followed. d. ?Social distancing" is maintaining a six-foot separation from all persons except for household members and medical providers with the appropriate personal protection equipment. . This Order shall be effective immediately and will remain in effect until April 30, 2020, pending further-Order of the Public Health Of?cer. To the extent that any con?ict shall arise, this Order supersedes the prior Orders of the Public Health Of?cer concerning public gatherings, including those issued on March 12, 2020 and March 16, 2020. . This Order is issued as a result of the worldwide pandemic of disease, also known as ?novel coronavirus,? which has infected over one million individuals worldwide in over 180 countries and is implicated in over 50,000 worldwide deaths, including over 600 cases and 15 deaths in. Riverside County. These numbers increase signi?cantly every day. . This Order is issued based on evidence of increasing transmission of both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and COVID- 19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of spread of or exposure to COVID-19. . This Order is intended to reduce the likelihood of exposure to COVID-19, thereby slowing the spread of in communities worldwide. This Order is issued to prevent circumstances often present in gatherings that may exacerbate the spread of such as: 1) the increased likelihood that gatherings will attract people from a broad geographic area; 2) the prolonged time period in which large numbers of people are in close proximity; 3) the dif?culty in tracing exposure when large numbers of people attend a single event or are at a single location; and 4) the inability to ensure that such persons follow adequate hygienic practices. . This Order is intended to address the strain upon the health care system from the effects of the virus. Similarly, this Order is intended to reduce the likelihood of exposure to thereby slowing the spread of in communities worldwide. . This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming Case Document 183-1 Filed 04/10/20 Page 62 of 72 Page ID #117835 6 the existence of a Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency due to 9; the guidance issued on March 11, 2020 by the California Department of Public Health regarding large gatherings of 250 people or more; Governor Gavin Newsom?s Executive Order of March 12, 2020 preparing the State to commandeer hotels and other places of temporary residence, medical facilities, and other facilities that are suitable as places of temporary residence or medical facilities as necessary for quarantining, isolating or traating individuals who test positive for 9 or who have had a high-risk exposure and are thought to be in the incubation period; the guidance issued on March 15, 2020 by the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health of?cials through the United States and around the world recommending the cancellation of gatherings involving more than ?fty (50) or more persons in a single space at the same time; the March 16, 2020 order of the Public Health Officer prohibiting all gatherings with expected presence above ten (10) individuals; Governor Newsorn?s Executive Order N-33 -20 of March 19, 2020 ordering all persons to stay at home to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of Governor Newsom?s Executive Order giving the state the ability to increase the health care capacity in clinics, mobile health care units and adult day health care facilities and allowing local governments more ?exibility to utilize the skills of retired employees in order to meet the 9 surge; and Governor Newsom?s Executive Order intended to expand the health care workforce and :23th health care prc?ssicnals to address the COVE-19 surge. The Governor and the County Public Health Of?cer continue to issue COVID-19- related orders to mitigate the public health crisis. . This Order comes after the release of substantial guidance ?om the Health Of?cer, the California Department of Public Health, the Centers for Disease Control and Prevention, and other public health of?cials throughout the United States and around the world, including but not limited to, the Centers for Disease Control and Prevention?s T'lnterim Additional Guidance for Infection Prevention and Control for Patients with Suspected or Con?rmed COVID-19 in Nursing Homes? and the California Department of Public Health Face Covering Guidance issued on April I, 2020. 10. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq. Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. More speci?cally, Health and Safety Code section 120175.5(b) which provides that all governmental entities in the county shall take necessary measures within the governmental entity's control to ensure compliance with this Order and to disseminate this Order to venues or locations Within the entity's jurisdiction where gatherings may occur. Case Document 183-1 Filed 04/10/20 Page 63 of 72 Page ID #117836 7 11. Violation of this Order is subject to ?ne, imprisonment, or ?both. (Penal Code section 19; Government Code sections 8665 and 25132; Health and Safety Code section 120295; County Ordinances 533 and 556.) 12. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheriff and all Chiefs of Police in the County ensure compliance with and enforcement of this Order. 13. Copies of this Order shall be: (I) made available at the County of Riverside Health Administration of?ce located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the County of Riverside Public Health Department?s website (rivcoph.org); and (3) provided to any member of the public requesting a copy of this Order. IT IS SO ORDERED: Lm?-?e Dated: April 4, 2020 Dr. Cameron Kaiser, MD, MPH, AAFP Public Health Of?cer County of Riverside Case Document 183-1 Filed 04/10/20 Page 64 of 72 Page ID #117837 8 EMERGENCY REGULATIONS As Director of Emergency Services for the County of Riverside, I am authorized to promulgate regulations for the protection for life and property pursuant to Government Code section 8634 and Riverside County Ordinances 442 and 533. The following shall be in effect for the duration of the County of Riverside Health Of?cer?s Order issued above which is incorporated in its entirety by reference: The County of Riverside Health Of?cer?s Order shall be promulgated as a regulation for the protection of life and property. Any person who violates or refuses or willfully neglects to obey this regulation is subject to civil enforcement actions, including civil penalties of up to $1,000 per violation per day, injunctive relief, and attorneys? fees and costs, imprisonment, or both, pursuant to Government Code section 8665. Keg rm Dated: April 4, 2020 ee/mg/e/JQLEO/ County Executive Of?cer Director of Emergency Services County of Riverside Approved as to form and legality: .2 K. vii Goofy P. Priarnos Co ty Counsel County of Riverside Dated: April 4, 2020 Case Document 183-1 Filed 04/10/20 Page 65 of 72 Page ID #:17838 40,031); ORDER OF THE HEALTH OFFICER OR THE COUNTY OF RIVERSIDE AND OF THE COUNTY EXECUTIVE OFFICER AS DIRECTOR OF EMERGENCY SERVICES DATE OF ORDER: APRIL 6, 2020 Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by ?ne, imprisonment, or both. Violators are also subject to civil enforcement actions including civil penalties of up to $1,000 per violation per day, injunctive relief, and attorneys? fees and costs. (Penal Code section 19; Government Code sections 8665 and 25132; Health and Safety Code section 1202.95; County Ordinances 533 and 556.) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101030, 101040, 101085, AND 120175, TITLE 17 CALIFORNIA CODE OF REGULATIONS SECTION 2501, ARTICLE XI OF THE CALIFORNIA CALIFORNIA GOVERNMENT CODE SECTIONS 8610, 8630, 8634, AND 8665; AND RIVERSIDE COUNTY CODE SECTIONS 442 AND 533.6, THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE ORDERS: Effective 12:00 am. on Sande A rilS 2020 and continuin 'thron 'hA ril30 2020, pending further Order of the Public Health Of?cer, the following will be in effect for the County of Riverside (hereinafter the ?County?): 1. Executive Order issued by the Governor of the State of California ("Executive Order") (available at: ordered all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations of sectors? designated in the document available at: as updated by the State Public Health Of?cer (?Essential Workers?). This also includes all orders of the State Public Health Of?cer. In confonnance with, and where not superseded by the Executive Order, this Order additionally speci?es and orders as follows: a. All public or private "gatherings." as de?ned in section 2 below, within the jurisdiction of the Public Health Of?cer of the County of Riverside are prohibited, regardless of venue or size. Paragraph La. of this Order does not apply to courts of law, medical providers, public utilities, critical county, city, and special district operations, critical school operations such as nutrition programs, logistics/distribution centers, congregate living settings, daycare and child care, shelters, public transportation, airport travel, or necessary shopping at fuel stations, stores or malls. However, these settings are instructed to observe all applicable state and federal guidelines for infection control. Case Document 183-1 Filed 04/10/20 Page 66 of 72 Page ID #117839 2 c. All essential businesses that remain in operation in accordance with the Order shall follow the Social Distaneing and Infection Control Guidelines published by the CDC and California Department of Public Health. All essential businesses must ensure all required measures are implemented and must identify and require measures necessary to implement social distancing are implemented at each facility that will ensure social distancing and sanitation at that particular facility. If the measures identi?ed and implemented are not effective in maintaining proper social distancing and sanitation, additional measures shall be identi?ed and implemented or the facility shall be closed. . All persons, including Essential Workers shall wear face coverings, such as scarves (dense fabric, without holes), bandanas, neck gaiter, or other fabric face coverings. All persons, including Essential Workers are discouraged from using Personal Protective Equipment (PPE), such as N95 masks, for non-medical reasons. . All bars, adult entertainment establishments, and other business establishments that serve alcohol and do not serve food shall be and shall remain closed. All restaurants and other business establishments that serve food shall close all on? site dining. All food served shall be by delivery, or through pick?up or drive thru. Social distancing shall be required for persons picking up food on site. . All and ?mess centers shall be and shall remain closed. . All essential businesses shall make every e??ort to use telecommuting for its workforce. Government entities shall enforce social distancing requirements at all parks and trails. Ifa government entity is unable to enforce social distancing at a park or trail, it shall be closed to the public. Parking lots at all parks and/or trails shall be closed and shall be accessible only by members of the public within walking distance of the parks and/or trails. Said parks and/or trails shall be used solely for walking, hiking, equestrian or bicycle riding. The public shall not congregate or participate in group sporting activities at such parks and/or trails. As outlined in the Public Health Officer?s Order of April 2, 2020, all public and private golf courses are closed for play. Golf Clubs may allow members to walk the course solely for exercise. Golf Clubs that provide food services may continue to do so by delivery or through pick-up. Social distancing shall be required for persons picking up food on site and using a course for walking. . As outlined in the Health Of?cer?s Amended Order of April 1, 2020, all schools within the jurisdiction of the Public Health Of?cer of the County of Riverside Case Document 183-1 Filed 04/10/20 Page 67 of 72 Page ID #117840 3 including, but not limited to, all preschools, public, private and charter schools, community colleges, public, private, nonpro?t, and for?pro?t colleges and universities shall remain closed through June 19, 2020, pending further Order of the Public Health Of?cer. This closure shall be understood to prohibit any activity where students, staff, parents, or members of the public gather on the school campus, including but not limited to: formal instruction; classes; laboratory sessions; tutoring; meeting; sporting events; or other extracurricular activities. Parents of school?aged minor ildren shall take steps to ensure children are not participating in activities prohibited by this Order, or the Executive Order, and that social distancing requirements are practiced at all times. Individual school districts and educational institutions shall continue to have the discretion to determine the minimum essential personnel as required to support critical functions within those districts and institutions such as federal food service programs, security, and necessary maintenance. This order shall not affect on-carnpus housing, dormitories or other congregate living arrangements, or staf?ng required to maintain and operate them. Daycare and childcare facilities shall continue to operate under the following mandatory conditions: (1) Childcare must be carried out in stable groups of 10 or fewer stable" means that the same 10 or fewer children are in the same group each day); (2) Children shall not change from one group to another; (3) If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other; and (4) Childcare providers shall remain solely with one group of children. . A strong recommendation is made that all persons who are 65 years old or older, have a chronic underlying condition, or have a compromised immune system self- quarantine themselves at home. . "Non-essential personnel," as de?ned in section 2(0) below, are prohibited from entry into any hospital or long-term care facility. All essential personnel who show any potential signs or of COVE-19 shall be strictly prohibited from entry into hospitals or long-term care facilities. . Hospitals and healthcare providers shall take measures to preserve and prioritize resources including delaying non-emergent or elective surgeries or procedures where feasible. . As outlined in the Health Of?cer?s Order of April 3, 2020, all labs that perform COVID-19 testing for Riverside County clients, including but not limited to Kaiser Case Document 183-1 Filed 04/10/20 Page 68 of 72 Page ID #:17841 4 Permanente; LabCorp, Quest Diagnostics, and labs operated by hospitals across the County of Riverside, shall continue to share orders and results with demographics with Manifest Medex (MX) to create a countywide COVID-19 dashboard to include information regarding tests performed, both pending and resulted, and occurrences by age, gender, and geographical location. Orders and results with demographics shall be shared either through electronic interfaces (preferred) or via electronic ?le transfers updated on at least a daily basis. q. All persons arriving in the county from international locations identi?ed on the Centers for Disease Control and Prevention (CDC) Warning Level 2 or 3 Travel Advisory (available at: aovftravelfooticesl shall be subject to 14-day home quarantine, self-monitoring. r. A strong recommendation is made for persons exhibiting mild to moderate of COVID- 1 9 to self-isolate themselves in their place of residence unless seeking medical treatment. A guide to is found here: cdc. nor Icoronavirus/ 201 2. For purposes of this Order: a. ?Gathering" is any event or converting that brings together people in a single room or single space at the same time, including, but not limited to, an auditorium, stadium, arena, theater, church, casino, conference room, meeting hall, cafeteria, drive-in theater, parking lot, or any other indoor or outdoor space used for any non- essential purpose including, but not limited. to, movies, church services, swap meets, etc. A gathering does not include: i. A convening of persons who reside in the same residence. ii. Operations at airports and/or public transportation. Operations at essential businesses included in the designated sectors referenced in section 1 above, where many people are present but are able- to practice social distancing. iv. Funerals and burial services may proceed with not more than 10 persons present. Funerals and burial services must be conducted in strict compliance with social distancing requirements. b. "Long term care facility" is a facility serving adults that require assistance with activities of daily living, including a skilled nursing facility, and that is licensed by the California Department of Community Care and Licensing, or the California Department of Public Health. c. "Non-essential personnel" for the purpose of section 1 above, are employees, contractors, or members of the public who do not perform treatment, maintenance, Case Document 183-1 Filed 04/10/20 Page 69 of 72 Page ID #117842 5 support, or administrative tasks deemed essential to the healthcare mission of the long term care facility or hospital. Non-essential personnel do not include ?rst responders, nor State, federal, or local of?cials, investigators, or medical personnel carrying out lawful duties. Entry of visitors to hosPitals and long-term care facilities are allowed upon the approval of the facili 's director, or designee, for the purpose of allowing family and friends to visit a resident such as in an end of life situation, to allow parents or guardians to visit a. child who is a patient, or any other circumstances deemed appropriate by the facility director, or designee, and where appropriate precautions by the facility that follow federal, State, and local public health guidance regarding COVID-19 are followed. d. "Social distancing" is maintaining a six-foot separation ?om all persons except for household members and medical providers with the appropriate personal protection equipment. . This Order shall be effective immediately and will remain in effect until April 30, 2020, pending further Order of the Public Health Of?cer. To the extent that any con?ict shall arise, this Order supersedes the prior Orders of the Public Health Of?cer concerning public gatherings, including those issued on March 12, March 16, and April 4, 2020. . This Order is issued as a result of the worldwide pandemic of disease, also known as ?novel coronavirus,? which has infected over one million individuals worldwide in over 180 countries and is implicated in over 50,000 worldwide deaths, including over 600 cases and 15 deaths in Riverside County. These numbers increase signi?cantly every day. . This Order is issued based on evidence of increasing transmission of both within the County of Riverside and worldwide, scienti?c evidence regarding the most effective approach to slow transmission of communicable diseases generally and COVID- 19 speci?cally, as well as best practices as currently known and available to protect the public from the risk of Spread of or exposure to COVID-IQ. . This Order is intended to reduce the likelihood of exposure to 9, thereby slowing the spread of in communities worldwide. This Order is issued to prevent circumstances often present in gatherings that may exacerbate the spread of such as: 1) the increased likelihood that gatherings will attract people hem a broad geographic area; 2) the prolonged time period in which large numbers of people are in close proximity; 3) the dif?culty in tracing exposure when large numbers of people attend a single event or are at a single location; and 4) the inability to ensure that such persons follow adequate hygienic practices. . This Order is intended to address the strain upon the health care system from the effects of the virus. Similarly, this Order is intended to reduce the likelihood of exposure to thereby slowing the spread of in communities worldwide. Case Document 183-1 Filed 04/10/20 Page 70 of 72 Page ID 8. 10. #117843 6 This Order is issued in accordance with, and incorporates by reference, the: March 4, 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the March 8, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel in Riverside County; the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside proclaiming the existence of a Local Emergency in the County of Riverside regarding the March 10, 2020 Resolution of the Board of Supervisors of the County of Riverside ratifying and extending the Declaration of Local Health Emergency due to the guidance issued on March 11, 2020 by the California Department of Public Health regarding large gatherings of 250 people or more; Governor Gavin Newsorn?s Executive Order N-25-20 of March 12, 2020 preparing the State to commandeer hotels and other places of temporary residence, medical facilities, and other facilities that are suitable as places of temporary residence or medical facilities as necessary for quarantining, isolating or treating individuals who test positive for COVID-19 or who have had a high-risk exposure and are thought to be in the incubation period; the guidance issued on March 15, 2020 by the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health of?cials through the United States and around the world recommending the cancellation of gatherings involving more than ?fty (50) or more persons in a single space at the same time; the March 16, 2020 order of the Public Health Of?cer prohibiting all gatherings with expected presence above ten (10) individuals; Governor Newsom?s Executive Order of March 19, 2020 ordering 31] persons to stay at home to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the of Governor Newsom?s Executive Order N-3 5-20 giving the state the ability to increase the health care capacity in clinics, mobile health care units and adult day health care facilities and allowing local governments more ?exibility to utilize the skills of retired employees in order to meet the surge; and Governor Newsom?s Executive Order 9?20 intended to expand the health care workforce and recruit health care professionals to address the surge. The Governor and the County Public Health O?icer continue to issue related orders to mitigate the public health crisis. This Order comes after the release of substantial guidance from the Health Of?cer, the California Department of Public Health, the Centers for Disease Control and Prevention, and other public health of?cials 1thre-uglzunit, the United States and around the world, including but not limited to, the Centers for Disease Control and Prevention?s "Interim Additional Guidance for Infection Prevention and Control for Patients with Suspected or Con?rmed 9 in Nursing Homes? and the California Department of Public Health Face Covering Guidance issued on April 1, 2020. This Order is made in accordance with all applicable State and Federal laws, including but not limited to: Health and Safety Code sections 101030, et seq.; Health and Safety Code sections 120100, et seq.; and Title 17 of the California Code of Regulations section 2501. More speci?cally, Health and Safety Code section 120175.5(b) which provides that all Case Document 183-1 Filed 04/10/20 Page 71 of 72 Page ID #:17844 7 governmental entities- in. the county shall take necessary measures within the governmental entity's control to ensure compliance with this Order and to disseminate this Order to venues or locations within the entity?s jurisdiction where gatherings may occur. . Violation of this Order is subject to ?ne, imprisonment, or both. (Penal Code section 19; Goverrunent Code sections 8665 and 25132; Health and Safety Code section 120295; County Ordinances 533 and 556.) but 12.. To the extent necessary, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Of?cer requests that the Sheriff and a1] Chiefs of Police in the County ensure compliance with and enforcement of this Order. 13. Copies of this Order shall be: (I) made available at the County of Riverside Health Administration of?ce located at 4065 County Circle Drive, Riverside, CA 92503; (2) posted on the County of Riverside Public Health Department?s website and (3) provided to any member of the public requESting a copy of this Order. IT IS SO GRDERED: A 3/ i" . Dated: April 6, 2020 Dr. Cameron Kaiser, MD, MPH, AAFP Public Health Of?cer County of Riverside Case Document 183-1 Filed 04/10/20 Page 72 of 72 Page ID #:17845 3 EMERGENCY REGULATIONS As Director of Emergency Services for the County of Riverside, I am authorized to promulgate regulations for the protection for life and property pursuant to Government Code section 8634 and Riverside County Ordinances 442. and 533. The following shall be in effect for the duration of the County of Riverside Health Of?cer?s Order issued above which. is incorporated in its entirety by reference: The County of Riverside Health Of?cer?s Order shall be promulgated as a regulation for the protection of life and property. Any person who violates or refuses or willfully neglects to obey this regulation is subject to civil enforcement actions, including civil penalties of up to $1,000 per violation per day, injunctive relief, and attorneys5 fees and costs, imprisonment, or both, pursuant to Government Code section 8665. MK MN Dated: April 6, 2020 George Johns% County Executive Of?cer Director of Emergency Services County of Riverside Approved as to form and legality: ?fww'? 7 Dated: April 6, 2020 Grego P. Priarnos County Counsel County of Riverside Facs1mile: situated, Plaintiffs, V. Defendant. JANIES E. BROWN, Assistant County Counsel KELLY A. MORAN De uagNCounty Counsel( BN 267147) OFFICE OF 3960 Oran Street, Su1te 500 A 92501-3674 Telephone: ((951 95 1 909 387-1138 Fax Emall: Ease Document 183-2 Filed 04/10/20 Page 1 of 21 Page ID #:17846 SBN 162579) SEL 955-6300 955-6363 Emall: kmoran@r1vco.org ARTHUR K. CUNNINGHAM, SBN 97506 LEWIS BRISBOIOS BISGAARD SMITH LLP 650 East Hospitallty Lane, Su1te 600 San Bernardlno, California 92408 1?909 387-1130 Phone Attorneys for Defendant COUNTY OF RIVERSIDE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UINTON GRAY, et a1., on behalf of CASE NO. EDCV13-0444 (OP) emselves and all others similarly CLASS ACTION DECLARATION OF BONNIE CARL IN SUPPORT OF COUNTY OF OPPOSITION TO MOTION TO COUNTY OF RIVERSIDE, ENFORCE OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (Filed concarrentl with: . County 0 {211267157 e?s?ngosztzon to Morton to Enforce; Declaratton of Dr. Matthew Chang; Declaration of Thomas lug/land; I Declaration of James E. grown, and Declaration of Misha Graves) JUDGE: Hon. Virginia Phillips DATE: TBD TIME: TBD COURTROOM: 8A LOCATION: 350 W. First Street, Los Angeles, CA 90012 1 DECLARATION OF BONNIE CARL IN SUPPORT OF COUNTY OF OPPOSITION Ease Document 183-2 Filed 04/10/20 Page 2 of 21 Page ID #:17847 DECLARATION OF BONNIE CARL I, BONNIE CARL, declare as follows: 1. I am currently the Correctional Health Services Administrator for Riverside County. I have worked with the County of Riverside (?County?) for 1.3 years and have 46 years of nursing experience. I make this declaration in support of the County?s Opposition to the Plaintiffs? Motion to Enforce, or in the Alternative Modify, the Consent Decree. I have personal knowledge regarding the foregoing and if called as a witness I could and would testify to the following: 2. Correctional Health Operations in the jail have been modi?ed in response to the COVID-19 crisis. Correctional Health services continue to be provided in the jails while maintaining safety considerations. 3. The Department of Behavioral Health, Correctional Health, and the Riverside County Sheriff?s Department have worked together to put into place a system?wide COVID- 19 Pandemic Response Plan (?Response Plan?). A true and correct copy of this Response Plan is attached hereto as Exhibit The Response Plan accurately re?ects Correctional Health?s response to the health crisis. I personally prepared those portions of this document which are referenced as ?Pandemic Response Plan? and Action Plans?. 4. Correctional Health continues to provide necessary services as mandated by the Remedial Plan despite the current crisis. As indicated, Correctional Health has modi?ed the delivery of these services during the current crisis in an effort to keep staff and inmates safe. In addition to Exhibit information concerning these modi?cations can be found in the 2 DECLARATION OF BONNIE CARL IN SUPPORT OF COUNTY OF OPPOSITION p?t Ix.) i?-Case Document 183-2 Filed 04/10/20 Page 3 of 21 Page ID #:17848 County?s March 22, 2020 response to the Prison Law Of?ce?s March 16, 2020 correspondence (included as Exhibit to the Declaration of Sara Norman, Document No. 178-1, Pages 21-25). I personally assisted in the preparation of those portions of that document which concern Correctional Health matters- I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct, and that this declaration is executed on April 9, 2020, at Riverside, California. . ., .7 BONNIE CARL 3 DECLARATION OF BONNIE CARL IN SUPPORT OF COUNTY OF OPPOSITION Case Document 183-2 Filed 04/10/20 Page 4 of 21 Page ID #:17849 EXHIBIT A Case Document 183-2 Filed 04/10/20 Page 5 of 21 Page ID comp-19 Pana'?m?esponse Plan Riverside County Jails April 8, 2020 Pandemic ReSponse Plan CHS, BH and R50 Action Plans PREPARATION STEPS FOR COVID-19 Coordination of Facility Response It is critically important that correctional and health care leadership meet regularly to review the current status of review updated guidance from the Centers for Disease Control and Prevention (CDC) and flexibly respond to changes in current conditions. There are regularly scheduled meetings of key people at all levels from county leadership, RSO leadership, CHS leadership and a daily morning huddle attended by R50, CH5 and BH. In addition, there is an end of day debrief with the county hospital. Coordination with local law enforcement and court officials to minimize crowding 0 Explore alternatives to in-person court appearances Maximize use of existing policies for alternatives to incarceration - Expedite implementation of compassionate release policies - Explore strategies to reduce new intakes to the correctional facilities 0 Explore strategies for releasing inmates at low risk for violent crime particularly those with risk factors for severe All arraignments are being conducted via video. Due to our federal court order for overcrowding, we continually conduct releases of low level offenders. This includes inmates who would otherwise qualify for compassionate release and inmates who are at a high risk factor for Review Personnel Policies and Practices - Review the sick leave policies of each employer in the facility to determine which officials will have authority to send staff home - Review/revise/devise telework policies 0 Review contingency plans to for reduced staffing Consider offering alternative duties to staff at higher risk of severe illness with Remind staff to stay home if they are sick Institute screening of all employees Send staff home if they are identified with identified Utilize following criteria for staff to return to work 0 no fever for at least 72 hours 3 full days of no fever without use of medicine that reduces fever); AND 0 other improved cough or shortness of breath have improved); AND 0 at least 7 days have passed since first appeared 1. Telework opportunities provided to all non-essential staff. 2. Reduced staf?ng plans in process. 3. Staff regularly being reminded to stay home if sick. 4. Screening of employees being put in place different methodologies for different locations. 5. Staff immediately being sent home if feeling ill. 6. staff following criteria for return to work. Identify staff with Exposures (see definition of close 1. Staff are noti?ed of exposures without identifying co-workers 1 Case Document 183-2 Filed 04/10/20 Page 6 of 21 Page ID Pandemic Response Plan #:17851 CHS, BH and R50 Action Plans contact in Element #12) 2. Staff who are exposed but are 0 If a staff member has a con?rmed continue to work Wh'le infection, inform other staff about possible wearing a face mask. exposure to (maintaining confidentiality per American with Disabilities Act. 0 Decide if exposed staff will self-quarantine for 14-days or work wearing face mask. I NOTE: CDC recommends that employees, who are 19 close contacts, self-monitor for and, if feasible?given staffing constraints?be under self- quarantine for 14 days. if due to staf?ng constraints, self- qaarantine is determined not to be feasible, then exposed staff should come to work and wear a face mask (cloth or disposable) while working, with frequent hand hygiene. Communication 1. A county command center was I Initiate and maintain ongoing communication with local public opened With representation from the health authorities Executive Office, Public Health, and 0 Communicate with community hospital about procedures for County Hospital system. transferring severely ill inmates. 2. A system for sending ill inmates to the 6 Develop and implement ongoing communication plans for staff, hospital is in place and functioning incarcerated persons, and families. well. 3. Staff, incarcerated persons and families all have received ongoing communication about the status of . the situation. implement General Prevention Measures 1. Sanitizer and sinks with soap available - Promote good health habits among employees in key locations. 0 Review current policy regarding alcohol-based hand sanitizer and 2- Contract Cleaning service moved to consider relaxing restrictions to allow more staff to carry daily at each location and time at individual sized bottles for hand hygiene. each SEMCE i5 Conduct frequent environmental cleaning of high touch surfaces. 3- Staff Cleaning work areas. increase number of inmate workers assigned to this duty. 4- Movement between facilities I Institute social distancing measures to prevent Spread of germs. minimized Review list of possible measures listed in Element #3 and develop 5' non-urgent outside medical visits plans for your facility. postponed. . . 6. Clinical services brought into the 0 Make decrsnons about movement . . Minimize movement both within the facility and between man?, (Optometry and orthopedics) facilities put on hold. Urgent and ortho sent to hospital clinic. Consider restricting transfers of incarcerated persons to and from otherjurisdictions uniess necessary for medical evaluation, isolation/quarantine, clinical care, extenuating security concerns or to prevent overcrowding. Postpone non-urgent outside medical visits 1. Staff are repeatedly told to stay home 0 Employees stay at home if sick. Review communications with if Ill. employees about this. 2. Flu vaccination program expanded to Case Document 183-2 Filed 04/10/20 Page 7 of 21 Page ID Pandemic Response Plan #:17852 CH5, BH and R50 Action Plans If influenza vaccination is still in stock offer to unvaccinated staff (higher priority) and incarcerated persons. 0 Implement infection prevention control guidance for staff doing screening (of visitors, employee, new intakes) ask staff and incarcerated people who declined to reconsider. 3. Staff doing screening of anyone coming into the facility have implemented personal protection protocols. Make decisions about access for visitors, volunteers, contractors and lawyers 0 Communicate with potential visitors a Institute screening of visitors for and temperature Visiting has been reduced at all facilities to official visits only. All who enter the facility are screened Institute Employee Screening Employee screening being put in place institute New Intake Screening 1. Intake screening with supplemental intake form asking questions related to coronavirus implemented. 2. Standard infectious disease/travel questions made a permanent part of the intake screening process. Appropriately manage and test incarcerated persons 0 Suspend co?pays Co-pays did not require suspension as they are no longer in place. Attempt to acquire needed personal protective equipment (PPE) and other supplies - Ensure that sufficient stocks of hygiene supplies, cleaning supplies, personal protective equipment (PPE), and medical supplies are available and there is a plan in place for re-stocking. - Review Table 3. COVID-19 Personal Protective Equipment Recommendations and post as needed in facility. 0 Implement staff training on donning and dof?ng PPE. 1. With the dearth of PPE supplies, we are doing a lot ofjust in time stocking of supplies at each location. 2. Staff have received training on donning and dof?ng PPE through PowerPoint presentations, handouts and on the spot demonstration. Assure that transport officers have received training on safe transport utilizing PPE - Identify staff who will provide tranSport All transport of?cers receive training on PPE and proper transport procedure. A PowerPoint presentation and two-page handout has been provided to transport officers. Identify rooms to be used for isolation and quarantine. 0 NOTE: CDC strongly recommends single rooms for persons isolated and quarantined. Cohorting of groups of persons should be done as a last resort. Print out color isolation and quarantine signs for future use (Attachment #3 Attachment 0 Discuss how custody staff will be assigned to work in isolation/quarantine rooms. - Appropriately train staff and incarcerated workers who work in laundry and food service. 0 Train staff and incarcerated workers on how to clean spaces where COVID-19 workers spent time. Inmates isolated for possible are placed in singie person ceiis. Once all single person cells are occupied, they are placed in a 2-person cell with another quarantined inmate. Staff assigned to isolation/quarantine rooms are supplied appropriate and trained on proper inmate movement. Staff and inmates are trained how to clean spaces where Coid-19 workers spent time. Health services should review procedures for caring for the sick 3 Case Document 183-2 Filed 04/10/20 Page 8 of 21 Page ID Pandemic Response Plan #117853 CHS, BH and R50 Action Plans 0 Maintain communication with public health authorities to determine how testing will be performed and recommended criteria for testing 0 Explore options for expanding telehealth capabilities. Regular communication occurs with PH about obtaining test kits, performing the test sample appropriately and receiving the results. Criteria for testing has been reviewed and agreed upon. PHASE II. RESPONSE STEPS for MANAGING implement alternative work arrangements, as deemed feasible. Staff who can perform alternate duties and/or telecommute have been allowed to do that. Su5pend all transfers of incarcerated persons to and from otherjurisdiction and facilities unless necessary for medical evaluation, medical isolation/quarantine, extenuating security concerns, or to prevent ove r-crowding. This has been implemented. When possible, arrange for lawful alternatives to in-person court appearances. We are conducting video arraignment county wide. Consider quarantining all new intakes for 14 days before they enter the facility?s general population, if feasible. This was considered and is not feasible. Incorporate screening for and a temperature check into release planning. Provide inmates who are under isolation or quarantine who are releasing with education about recommended follow-up. Inmate being released are screened prior to release and are advised to isolate and, in some cases, quarantine at home. Coordinate with local public health authority regarding persons being isolated/quarantined with COVID-19. Public health is notified of isolations and quarantines. Communicate with community hospital regarding potential need to transfer severely ill inmates. To date, we have not transferred any severely ill inmates. However, we are in regular communication with the hospitals where Riverside County inmates go. Hygiene: 0 Continue to ensure that hand hygiene supplies are well-stocked in all areas of the facility. 0 Continue to emphasize practicing good hand hygiene and cough etiquette Inmates are regularly reminded of hand and cough hygiene. Environmental Cleaning: 0 Continue emphasis on cleaning and disinfection especially on frequently touched surfaces 0 Reference specific cleaning and disinfection procedures for areas where a case spent time All staff have been supplied appropriate cleaners and have been instructed to clean these areas after use, including areas where a case has spent time. 0 Implement medical isolation of confirmed or suspected COVID-19 cases 0 Implement telehealth modalities as much as possible. Confirmed and suspected COVID-19 cases are isolated. The utilization of telehealth for specialty clinic visits is a work in process. There is work at the hospital that needs to be completed in order for this to happen. - Implement quarantine of close contacts of COVID-19 cases. This is being done at all of our facilities. 0 Implement system for tracking information about incarcerated persons and staff with suspected/con?rmed and quarantined persons Spreadsheets of staff and inmates with suspected and confirmed being kept. Staff and inmates are quarantined. Communication Case Document 183-2 Filed 04/10/20 Page 9 of 21 Page ID Pandemic Response Plan #:17854 CH5, BH and R50 Action Plans Post signage throughout the facility communicating the following: For all: of and hand hygiene instructions 0 For incarcerated/detained persons: report to staff 0 For staff: stay at home when sick; if develop while on duty, leave the facility as soon as possible and follow CDC- recommended steps for persons who are ill with COVID-19 0 Ensure that signage is understandable for non?English speaking persons and those with low literacy Signage is in place and will be expanded to cover the recommendations. During group educational sessions should be avoided and instead, communicate with electronic and paper methods of communication. Educational and rehabilitative programing has been modified to eliminate personal contact staff while still providing services. Key communication messages for employees include: 0 of and its health risks 0 Reminders about good health habits to protect themselves, emphasizing hand hygiene. The importance of staying home if signs and of fever, cough, or shortness of breath or if known close contact with a person with 0 Review of sick leave policy 0 If staff develop fever, cough, or shortness of breath at work: immediately put on a face mask, inform supervisor, and leave facility, and follow CDC recommended steps for persons who are ill with COVID- 19 0 Elements of the facility Response Plan to keep employees safe, including social distancing. Staff have received the listed information through regular hospital produced newsletters, signage, and a PowerPoint training and directives. A new newsletter is in production and will begin delivery this week. Key communication messages to incarcerated persons: 0 The importance of reporting fever and/or cough or shortness of breath (and reporting if another incarcerated person is coughing in order to protect themselves). Indicate how these reports should be made. 0 Reminders about good health habits to protect themselves, emphasizing hand hygiene. 0 Communicate that sharing drugs and drug preparation equipment can spread 0 Plans to support communication with family members (if visits are curtailed). 0 Plans to keep incarcerated persons safe, including social distancing. All areas are continually reinforced by both correctional staff and medical staff with all inmates. This information is also played daily on the inmate dedicated channeL Key communication messages for families: 0 Information about visiting. If visiting is curtailed information about alternatives to in-person visits. 0 What the facility is doing to keep incarcerated persons safe. The Sheriff has provided information on the R50 website and via social media regarding visiting and advising the public of the measures the Department has taken to keep the inmates safe and healthy. Local public health authorities: Contact should be made and maintained with local public health authorities to get Public Health authorities are an integral part of our command center personnel 5 Case Document 183-2 Filed 04/10/20 Page 10 of 21 Page ID Pandemic Response Plan #117855 CHS, BH and R50 Action Plans local guidance, especially with regard to managing and testing of persons with respiratory illness. - Local hospital: Communication should also be established with your local community hospital to discuss referral mechanisms for seriously ill incarcerated persons. - Mechanisms for transfer of severely ill inmates are in place. General Prevention Measures a. Promote good health habits among employees and incarcerated individuals: 1) Avoid close contact with persons who are sick. 2) Avoid touching your eyes, nose, or mouth. 3) Wash your hands often with soap and water for at least 20 seconds. 4) Cover your sneeze or cough with a tissue (or into a sleeve). Then throw the tissue in the trash. 5) Avoid non-essential physical contact. Avoid handshakes, ?high- was b. Conduct frequent environmental cleaning of ?high touch" surfaces. c. Institute social distancing measures to prevent spread of germs, minimize self- serve foods, minimize group activities. d. Employees stay at home if they are sick. e. Influenza (flu) vaccine is recommended for persons not previously vaccinated. f. infection prevention and control guidance for persons doing screening (visitors, employees, new intakes These items are addressed earlier in this document. Good Health Habits I Good health habits should be promoted in various ways, educational programs, posters, campaigns, assessing adherence with hand hygiene, etc. I This CDC website has helpful educational posters: I Each facility should assure that adequate supplies and facilities are available for hand washing for both incarcerated individuals and employees, including: soap, running water, hand drying machines or disposable paper towels. I Provide tissues and no- touch trash receptacles for disposal. With approval of the Chief Executive Officer (CEO), health care workers should have access to alcohol-based hand rub. I Provisions should be made for employees and visitors and new intakes to wash their hands when they enter the facility. Good health habits are promoted throughout the facilities. There is a plan to introduce new posters so that everyone is reminded by something new to see. Environmental Cleaning 0 The frequency of routine cleaning of surfaces that All staff have been supplied appropriate cleaners and have been instructed to clean these areas after use. These areas Case Document 183-2 Filed 04/10/20 Page 11 of 21 Page ID Pandemic ReSponse Plan #11 ?550 CHS, BH and R50 Action Plans are frequently touched should be increased. These can include doorknobs, keys, handrails, telephones, computer keyboards, elevator buttons, cell bars, etc. 0 One strategy is to increase the number of incarcerated individuals who are assigned to this duty. are not cleaned by incarcerated individuals. Sociai Distancing Measures Common areas - Enforce increased Space between individuals in holding cells, as well as in lines and waiting areas such as intake remove every other chair in a waiting area). We do not have a waiting area at intake. All agencies are asked to keep proper social distance while waiting and the areas are large enough to accommodate. Recreation 0 Choose recreation spaces where individuals can spread out Stagger time in recreation spaces - Restrict recreation space usage to a single housing unit (where feasible), performing. Disinfection between individual use of equipment and between groups 0 Eliminate close-contact sports, basketball, soccer - Emphasize individual activities, running, walking, jumping jacks - Stop the use of equipment that multiple people will touch We are limiting the number of inmates in each recreation group while ensuring each inmate is offered the standard set by Title 15. We stagger the recreation times and only allow a single housing unit in recreation at one time. Each recreation area is cleaned after each use including any equipment inside. We do not offer close contact sports in our recreation area and multi-use equipment is not utilzed. Meals a Stagger meals - Rearrange seating in dining hall to increase space between individuals, remove every other chair and use only one side of a table 0 Minimizing self-serve foods, eliminate salad bars I Provide meals inside housing units or cells Inmates are eating in their cells and all trays are disposable. Staff dining has eliminated salad bars and minimal staff are permitted in the dining area per the CDC guidlines. Group activities 0 Limit size of group activities 0 Increase space between individuals during group activities 0 Consider alternatives to existing group activities, in outdoor areas or other areas where individuals can spread out Suspend group programs* *Note: With discontinuation of group activities, it is vitally important to creatively identify and provide alternative forms of activity to support the mental health of incarcerated individuals during the pandemic. BH Education Convert curriculum to self-study 6 Provide education through use of video modalities We have modified our education programs to eliminate staff contact with inmates while still offering education. Housing 0 Arrange bunks so that individuals sleep head to foot - Rearrange scheduled movements to minimize mixing of individuals from different housing units 0 Ensure thorough cleaning/disinfection of living space when inmates leave I If space allows, reassign bunks to provide more space between individuals (ideally 5 feet or more in all directions Inmates sleeping head to foot has been implemented in the barracks and open dayrooms. Inmates from different housing units are not moved at the same time in any of our jails. Case Document 183-2 Filed 04/10/20 Page 12 of 21 Page ID Pandemic Response Plan #117857 CHS, BH and R50 Action Plans Medical 0 Leverage telehealth modalities, teIe?video and provider to provider consultation 0 If possible, designate a room near each housing unit to evaluate individuals with 0 Designate a room near intake area to evaluate new intakes with identified or exposure risk before they move to other parts of facility 0 Discontinue pill-lines and administering medication on units - Assure that inmates who come to sick call with respiratory are immediately placed in separate room with mask on and perform hand hygiene. Telehealth visits for specialty care is being developed with the hospital. There is some programming and workstation set up that are in the works. E-Consult is in place for jail providers to do provider to provider consultation. Social distancing during pill call is encouraged. Inmates who develop are masked and placed in isolation. Minimize inmate movement a Minimize transferring of inmates between units 0 Stopping movement in and/or out a Suspending work release programs All movement within each facility has been restricted to transfers that are necessary due to housing restrictions (overcrowding, ciassification, behavioral health housing). Our work release program has been susupended. Providing virtual visits Due to the Governor?s order, we were forced to eliminate visiting and we do not have the capability of providing video visitation over the internet. We offer each inmate 2 free phone calls per week. Sick/exposed employees remain home 0 could gain entrance to a facility via infected employees. Staff should be educated to stay home if they have fever and respiratory 0 If employees become sick at work, they should be advised to report this to their supervisor and go home. 0 Employees should be advised to consult their health care provider by telephone. 0 Employees who are sick should be advised to follow CDC guidance on What to do if you are sick? 0 Determine employee policy regarding quarantine, exposed employees self-quarantine for 14 days or come to work wearing a facemask and frequent hand hygiene. Exposed staff should report if they occur. 1. Employees are all encouraged to stay home if they are ill. 2. if an employee become ill at work, they are sent home. 3. Employees who become ill with COVID-19 in the absence of a known exposure are told to not come to work and are encouraged to visit their PMD or one of the 12 county clinics for care/testing. 4. Employees who become ill with with a known exposure are immediately scheduled for testing. 5. Exposed employees with no are requested to continue working while wearing a mask. Influenza vaccination 0 While influenza season is still ongoing flu vaccination remains an important measure to prevent an illness that presents similarly to COVID-19. - If there is influenza vaccine still in stock, Staff and inmates who have declined vaccination for the flu have been offered a flu vaccination for the second time. Case Document 183-2 Filed 04/10/20 Page 13 of 21 Page ID Pandemic Response Plan #117858 CHS, BH and R50 Action Plans unvaccinated staff (highest priority) and incarcerated persons should be offered the flu vaccine. Infection prevention 8: control guidance for staff screening visitors, staff, and new intakes. The following is a protocol to safely check an individual?s temperature: Perform hand hygiene Put on a face mask, protection (goggles or disposable face shield that fully covers the front and sides of the face} and a single pair of disposable gloves* Check individual?s temperature Non-contact or disposable thermometers are preferred over reusable oral thermometers. If disposable or non-contact thermometers are used and the screener did not have physical contact with an individual, gloves do not need to be changed before the next check. If non?contact thermometers are used, they should be cleaned routinely as recommended by CDC for infection control. If performing oral temperature check on multiple individuals, ensure that a clean pair of gloves is used for each individual and that the thermometer has been thoroughly disinfected in between each check. Remove and discard PPE Perform hand hygiene These instructions are in place although not all thermometers in the jail are disposable or non-contact. Appropriate cieaning of the thermometers (and other vital sign equipment) is done between screenings Visitors Volunteers Contractors] Lawyers I Consideration should be given to begin iirniting access to the facility by visitors and volunteers and non-essential contractors. Arrangements should be made to increase options for incarcerated persons to communicate with their families via telephone or tele- video. If possible, legal visits should occur remotely. Communicate with potential visitors instructing them to postpone visits if they have respiratory illness. Post signage regarding visitor screening. All visitors should be screened for and a temperature ta ken prior to entry utilizing the form in Attachment 1a. We have suspended all volunteer programs inside the jails. Attorneys can visit, however, visits are conducted through a glass partition or via video where available. All contractors or of?cial visitors enring the jails must be medically cleared prior to entering. Employee Screening ln locations where it is identi?ed that there is sustained community transmission, employees should be screened upon arrive! with a temperature, and asked questions about respiratory and if they have had contact with a known patient. This form can be laminated for employees to review the questions for individuals to verbally respond to them. A temperature should also be taken ideally with a no?touch infra?red thermometer. initially staff were not being screened. A plan for employee screening is being put' in place. There are no infrared thermometers in the jail. In an effort to procure infrared and/or disposable thermometers, they are not currently available. Case Document 183-2 Filed 04/10/20 Page 14 of 21 Page ID Pandemic Response Plan #:17859 CHS, BH and R50 Action Plans Employee screenings do not require documentation unless the person responds to any question or has a temperature. Screening can be performed by any staff person with training. Employees who screen positive for should be sent home and advised to consult their healthcare provider. Employees who have had ciose contact with a case should self-monitor for fever, cough, or shortness of breath) and, if feasible given staffing constraints, be under self? quarantine for 14 days. If due to staffing constraints, self-quarantine is not feasible, exposed staff should come to work and wear a face mask (cloth or disposable) while working, with frequent hand hygiene. New Intake Screening New intakes should be screened per usual protocols. Consider conducting this screening outdoors or in a covered area (weather and logistics permitting). Temperature should be taken, ideally with an infra?red no-touch thermometer with staff wearing PPE. Additional questions should be asked regarding and exposure to COVID-19. New arrivals should be segregated from other incarcerated individuals until the screening process has been completed. If new intakes are identified with then immediately place a face mask on the person, have the person perform hand hygiene, and place them in a separate room with a toilet while determining - 3 next steps. Staff entering the room shall wear personal protective equipment (PPE) in accordance with guidance in Element Identify incarcerated persons who were transferred with the new intake for need for quarantine. If new intakes report history of exposure to then they should be placed in quarantine. A supplemental screening form has been added to our electronic medical record specifically for screening. This form will remain in place as a regular screening tool with the removal of mentions of COVID-19. If a new arrestee answers yes to any of the screening questions, a they are given a mask to wear and placed in isolation. They are tested for 19. If the arrestee requires further screening at the hospital, the arrestee is booked and then taken to the hospital to be seen in the emergency room. Appropriate PPE is worn by the transporting deputy and the sheriff?s protocol for transporting an inmate with a possible infectious disease is followed. This is our current procedure for possible COVID-19 individuals. Initial Management and Testing of Cases of Respiratory Illness Source control (placing a mask on a potentially infectious person) is critically important. If individuals are identified with then immediately place a face mask on the patient and have them perform hand hygiene. Place them in a separate room with a toilet and sink while determining next steps. If the facility has an airborne infection isolation room this could be used for this purpose. Staff in the same Inmates who are screened and confirm known exposure, fever, new onset dry cough and/or new onset shortness of breath are immediately masked and are sent to our facility where we are isolating the majority of our inmates. Wherever the inmate is isolated, 10 Case Document 183-2 Filed 04/10/20 Page 15 of 21 Page ID Pandemic Response Plan #:17860 CH5, BH and R50 Action Plans room shall wear personal protective equipment (PPE) as outlined in Element 0 Decisions about how to manage and test incarcerated persons with mild respiratory illness should be made in collaboration with public health authorities. The vast majority of persons with respiratory illness will not have COVID-19, especially during seasonal flu season. It is unlikely that hospitals will have the capacity to evaluate incarcerated persons with mild respiratory illness. 0 The CDC current priorities for testing are listed at this link. - CDC recommendations for clinical specimens for include collecting and testing upper respiratory tract specimens (nasopharyngeal swab). New (3/24/20) CDC recommendation indicate that if nasopharyngeal swabs are not feasible that nasal swabs are an acceptable alternative. CDC also recommends testing lower respiratory tract specimens, if available. For patients who develop a productive cough, sputum should be collected and tested for Note: rapid blood tests for have become commercially available that test for and lgM. These indicate that the results should not be the sole basis to diagnose or exclude infection. Therefore, at this time it is recommended that these tests not be used. if feasible, during flu season it is recommended that rapid flu tests with nasopharyngeal swab be performed. It is important that nasopharyngeal swabs be performed correctly. 0 Nasopharyngeal swabbing should only be performed by staff with demonstrated competency. See instructional video at: Suspend co-pays for incarcerated persons seeking medical evaluation for respiratory testing is performed. 3. Rapid flu test capability is being implemented on Monday, April 6th. 4. Co-pays do not exist in California. PERSONAL PROTECTIVE EQUPMENT 11 Case Document 183-2 Filed 04/10/20 Page 16 of 21 Page ID Pandemic Response Plan #1178bl CHS, BH and R50 Action Plans N95 respirator or face mask 0 N95 reSpirators are preferred. When N95 respirators are in short supply they should be reserved first for use when a patient is undergoing an aerosol-generating procedure including testing for COVID-19 and second for confirmed COVID-19 patients. 0 N95 respirators should not be worn with facial hair that interferes with the respirator seal. 0 If N95 respirators are to be used, they must be used in the context of a fit?testing program: 0 Fit testing is specific to the brand/size of respirator to be used. Gown If gowns are in short supply they can be reserved for times when direct, close contact with a patient is being implemented Gloves Protection(goggles or disposable face shield that fully covers the front and sides of the face). a This does not include personal eyegiasses. - If reusable protection is used, it should be cleaned and disinfected in accordance with manufacturer?s instructions 1. 5? Staff working in jails have received FIT testing for N95 respirators. Gowns are used only in the context of isolation. In those circumstances where gowns are not abundant, gowns that have not become soiled can and are being reutilized. Procurement is sourcing cloth gowns. Goggles are available in limited supply for use when performing testing or in any situations where droplets can become aerosolized. Other supplies that should be obtained and inventory tracked include: a Standard medical supplies and pharmaceuticals for daily clinic needs - Tissues 0 Liquid soap 9 Bar soap I Hand drying supplies a Alcohol?based hand sanitizer containing at ieast 60% alcohol (where permissible based on security restrictions) Cleaning supplies, including EPA-registered disinfectants effective against the virus that causes a Sterile viral transport media and sterile swabs to collect nasopharyngeal specimens if testing is indicated Tra ns?pu r1: If a decision is made to transport a patient with signs and of severe respiratory illness, to a health care facility the following guidance should be followed regarding transport. 0 Notify the receiving health care facility of the pending transport of a potentially infectious patient. a Patient wears a face mask and performs hand hygiene. i Correctionai officer wears face mask (or N-95 respirator). Wear gloves, gown, and protection if in close contact with inmate prior to transport. . Prior to tranSporting, all PPE (except for face mask/ N-95 respirator) is removed and hand hygiene is performed. This is to prevent contaminating the driving compartment. a Ventilation system should bring in as much outdoor air as possible. Set fan to high. NET place all on mode- 12 All of these supplies are kept, inventoried, provided, and used as needed. - of these procedures have been implemented whenever a transport is conducted of a COVID-19 patient to a hospital facility. Case Document 183-2 Filed 04/10/20 Page 17 of 21 Page ID Pandemic Response Plan #11 li?bd CHS, BH and R50 Action Plans 0 Weather permitting, drive with the windows down. 0 Following the transport, if close contact with the patient is anticipated, put on new set of PPE. Perform hand hygiene after PPE is removed. 0 After transporting a patient, air out the vehicle for one hour before using it without a face mask or respirator. a When cleaning the vehicle wear a disposable gown and gloves. A face shield or face mask and goggles should be worn if Splashes or Sprays during cleaning are anticipated. 0 Clean and disinfect the vehicle after the transport utilizing instructions in Element #3b. Isolation Persons) a. Isolation Defined: A critical infection control measure for is to separate incarcerated individuals who are sick with fever or respiratory away from other incarcerated individuals in the general population. Ideally isolation will occur in a private room with a bathroom attached. If not, incarcerated individuais will have to wear a face mask to go to the bathroom outside the room. b.Cohorting: As a last resort option, persons with diagnosed COVID-19 can be cohorted together. inmates with iaboratory confirmed 19 should be housed separately from those with undiagnosed respiratory illness. c. The CDC guidelines describe the order of preference of rooms for isolating inmates. d. Rooms where incarcerated individuals with respiratory illness are either housed alone or cohorted should be identified and designated "Respiratory Infection Isolation Room?. No special air handling is needed. The door to the isolation room should remain closed. i. Note: The PPE requirements for do not fall into any one of the usual categories for the CDC transmission- based precautions, droplet, airborne, or contact. For the purposes of this document we have labeled the precaution sign ?Respiratory infection Isolation Room? since the rooms may house persons with undiagnosed respiratory infection as well as diagnosed e.Signage: A sign should be placed on the door of the room indicating that it is a Respiratory Infection Isolation Room that lists recommended personal protective equipment (PPE) (see Attachment 3) described in Element f. Face Masks: If available?to minimize the likelihood of disease transmission?persons who are isolated or cohorted should wear a face mask while isolated. Face masks should be replaced as needed. It is particularly important for those cohorted with undiagnosed respiratory illness to wear a mask so that persons with respiratory illnesses other than COVID-19 are protected. g. Bunk beds: Depending on how ill the incarcerated individuals are, bunk beds may or may not be suitable. h. Assignment of custody staff: If feasible, designated custody staff should be assigned to monitor isolated individuals in order to Initially, it was determined that individuals would be placed in isolation at Smith Correctional Facility as that facility has the most cells suitable for isolation. The number of inmates requiring isolation grew, partially because more and more people had developed suspect and partially because the turnaround time for test results was long. As a result, inmates were doubled up in the isolation cells. This has aireadv been implemented. Signs indicated respiratory isolation are placed on the room doors. Inmates have been given masks while isolated. f. Ali inmates in our jails have been issued surgical masks and have been given instructions on how to care for their mask. 3. Inmates who need lower bunks are accommodated with one. 13 Case Document 183-2 Filed 04/10/20 Page 18 of 21 Page ID Pandemic Response Plan #11 N5b3 CHS, BH and R50 Action Plans minimize exposures. i. Provide individuals in isolation with tissues, and if permissible and available, a lined no- touch trash receptacle. j. Dedicated medical equipment, blood pressure cuffs should be left in room (ideally) or decontaminated in accordance with manufacturer?s instructions. k. Masks outside of room: If individuals with respiratory illness must be ta ken out of the isolation room, they should wear a face mask and perform hand hygiene before leaving the room. I. Aerosol generating procedures: If a patient who is in isolation must undergo a procedure that is likely to generate aerosols suctioning, administering nebulized medications, testing for COVID- 19) they should be placed in a separate room. An N-95 respirator (not a face mask), gloves, gown, and face protection should be used by staff. m. Laundry: i. Laundry from a COVID-19 cases can be washed with other individuals? laundry. ii. Individuals handling laundry from COVID-19 cases should wear disposable gloves, discard after each use, and perform hand hygiene. Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. iv. Launder items using the hottest appropriate water setting and dry items completely. n. Food service items. Cases under medical isolation should throw disposabie food service items in regular trash in their medical isolation room. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves. 0. Criteria for discontinuing isolation i. For individuals who will NOT be tested to determine if they are still contagious: ii. The individual has been free from fever for at least 72 hours without the use of fever?reducing medications; AND The individual?s other have improved cough, shortness of breath),- AND iv. At least 7 days have passed since the ?rst appeared v. For individuals who had a con?rmed positive COVID-19 test but never showed 0 At least 7 days have passed since the date of the individual?s ?rst positive test; AND 0 The individual has had no subsequent illness 14 h. Custody staff assigned to isolated individuals are assigned there on a weekly basis. i. All inmates have access to tissue. We do not allow trash receptacles in cells. 1. All medical equipment is decontaminated after each use. k. All inmates are given surgical masks (see above). I. This has already been implemented. m. These policies have already been implemented with our laundry staff. n. These policies have already been implemented with our kitchen staff. CH5 Case Document 183-2 Filed 04/10/20 Page 19 of 21 Page ID Pandemic Response Plan #11 R504 CHS, BH and R50 Action Plans Cleaning spaces where cases spent time 0 Close off areas used by infected individual. If possible, open outside doors and windows to increase air circulation in the area. - Wait as long as practical, up to 24 hours under the poorest air exchange conditions before beginning to clean and disinfect. - Ensure that persons performing cleaning wear recommended PPE for isolation (See Table 3). - Thoroughly clean and disinfect utilizing instructions in Element #3b with an emphasis on frequently touched surfaces. These policies have been implemented where COVID cases have spent time. Care for the Sick There are no specific treatments for COVID-19 illness. Care is supportive. 6 Identify if ill persons have risk factors for complications. Those with increased risk should be monitored more closely. - Treatment consists of assuring hydration and comfort measures. The recipe for oral rehydration solution is in Table 4 below. I Acetaminophen is the preferred antipyretic for treating fever in most patients with COVID-19 considering its efficacy and safety profile. Ibuprophen is as an alternative, antipyretic choice; however, it can cause kidney damage and other adverse effects in some patients. Recent reports suggest that ibuprophen may worsen the course of however, this theoretical risk is still under investigation. 6 Patients should be assessed at least twice daily for signs and of shortness of breath or decompensation. - A low threshold should be used for making the decision to transport an inmate to the hospital if they devel0p shortness of breath. - Implement telemedicine or provider?to-provider consultations for management of COVID-19 patients. Inmates who are isolated are assessed a minimum of 2 times per day. Quarantine Exposed Persons) Identification of Quarantine Rooms: Facilities should make every effort to quarantine close contacts of cases individually. Cohorting multiple quarantined close contacts could result in transmission of to person who are uninfected. Cohorting should only be practiced if there are no other available options. 0 If an entire housing unit is under quarantine due to contact with a case from the same housing unit, the entire housing unit may need to be treated as a cohort and quarantine in place. - Ideally do not cohort individuals who are at higher risk of severe illness from COVID-19. a CDC guidelines describe the order of preference for housing of inmates in quarantine. Inmates are only cohorting when all isolation rooms are full. Signage: The door to the Quarantine Room should remain closed. A sign should be placed on the door of the room indicating that it is a Quarantine Room which lists recommended personal protective equipment (PPE). PPE includes face mask, protection, gloves, and a The door to each isolation/quarantine cell remains closed. Outside the door is a supply of PPE for easy access for staff. 15 Case Document 183-2 Filed 04/10/20 Page 20 of 21 Page ID Pandemic Response Plan #:17865 CHS, BH and R50 Action Plans gown if close contact with a quarantined person is anticipated. Face masks: (If there is a suf?cient supply of face masks) To minimize the likelihood of disease transmission to persons cohorted in quarantine, quarantined persons should be required to wear a face mask. Face masks should be replaced as needed. Inmates who are cohorted in quarantine wear masks. As feasible, the beds/cots of quarantined incarcerated individuals should be placed at least 5 feet apart. Quarantined inmates are either in a single man cell or in a 2 man cell. The bunks are fixed and cannot be moved. No Movement: Quarantined incarcerated individuals should be restricted from being transferred, having visits, or mixing with the general population. We have already implemented this. PPE: A face mask, protection and gloves are recommended for staff who are in direct, close contact (within 6 feet) of quarantined incarcerated individuals. PPE is available to all staff entering the room of inmates who are quarantined Monitoring: CDC recommends that inmates in quarantine should be screened twice daily for including subjective fever, and a temperature. patients need to be isolated. Screening is done at least twice per day Laundry: - Laundry from quarantined persons can be washed with other individuals? laundry. Individuals handling laundry from quarantined persons should wear disposable gloves, discard after each use, and clean their hands after. 0 Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. - Launder items using the hottest appropriate water setting and dry items completely. 0 Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered. These policies have already been implemented with our laundry workers. Meals should be provided to quarantined individuals in their quarantine spaces. Disposable food service items can be disposed of in regular trash. Individuals handling used food service items should wear gloves and dishes washed in hot water. Wash hands after removing gloves. This is our current procedure in our quarantine spaces. The duration of quarantine for COVID-19 is the 14-day incubation period. If a new case is identi?ed in the quarantine unit then the 14?day quarantine period starts again. Inmates remain in quarantine for the 14- day incubation period Data Collection, Analysis Reporting Staff Persons: The following basic information should be tracked on a line list YEN Date of onset Exposed? Date of exposure Current status (will change over time) Exposed - Working Exposed Self-Qua rantine Person Under Investigation (PUI) testing pending PUI, test result pending CHS: Spreadsheet documentation is being developed for all staff who are ill and/or exposed. The spreadsheet will be expanded to capture all of the data elements. RSO tracks this information. BH 16 Case Document 183-2 Filed 04/10/20 Page 21 of 21 Page ID Pandemic Response Plan #:17866 CH5, BH and R50 Action Plans PUI, tested negative Laboratory con?rmed case 0 Date left work 0 Date returned to work Incarcerated Persons - The following basic information should be tracked on a line-list: Date of onset Reported (fever, cough, shortness of breath) Date isolated Influenza tested? Influenza result Date tested Date COVID-19 test result Resu? Current Status (will change over time) PUI, test pending PLJI, test result pending PUI, tested negative 0 Laboratory confirmed case Current housing: isolation Date isolation discontinued Hospitalized Hospitalization Date Deceased A spreadsheet of inmates has been maintained from the beginning. A few of the listed data e!ements will be added to the spreadsheet. Incarcerated Persons Exposed Date of exposure Current Housing Quarantined alone Quarantined cohort Date quarantine discontinued Developed signs and of Date Isolated R50 is tracking this information. Summary, Evaluation and CQI Periodically and at the conclusion of the outbreak review the implementation of the Pandemic Response Plan and identify what has worked well and what has not worked well, total numbers of cases and contacts treated/evaluated. Engage the CQI committee in evaluating the facility pandemic response. Identify areas for improvement and report these recommendations to the leadership team Will become a part of the CQI program already developed involving CHS, BH and R50. 17 Case Document 183-3 Filed 04/10/20 Page 1 of 3 Page ID #:17867 AIVIES E. BROWN, Assistant County Counsel SBN 162579) KELLY A. MORAN, DEput County Counsel BN 267147) OFFICE OF COUNTY SEL 3960 Oran Street, Suite 500 Riverside, A 92501-3674 Telephone: (951} 955-6300 FaCSImile: (951 955-6 363 Email: Jebbrown@rivco.org kmoran@r1vco.org ARTHUR K. CUNNINGHAM, SBN 97506 LEWIS BRISBOIOS BISGAARD SMITH LLP 650 East Hospitallty Lane, Su1te 600 San Bernardlno, California 92408 909 387-1130-Phone 909 387-1138?Fax mall: Attorneys for Defendant COUNTY OF RIVERSIDE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA QUINTON GRAY, et al., on behalf of CASE NO. VAP (OP) themselves and all others s1milarly Sltuated, CLASS ACTION Plaintiffs, DECLARATION OF DR. MATTHEW CHANG IN SUPPORT OF COUNTY v. OF OPPOSITION TO MOTION TO COUNTY OF RIVERSIDE, ENFORCE, OR IN THE Defendant. ALTERNATIVE MODIFY, CONSENT DECREE (Filed concurrent! with: County ofRiversi 0 position to Plaintifs Motion to Ergwce; Declaration of Bonnie arl; Declaration of Thomas Pigland; Declaration of James E. rown and Declaration of Misha Graves) JUDGE: Hon. Virginia Phillips DATE: TBD TIME: TBD COURTROOM: 8A LOCATION: 350 W. First Street, Los Angeles, CA 90012 DECLARATION OF DR. MATTHEW CHANG IN SUPPORT OF COUNTY OF OPPOSITION 11 Case Document 183-3 Filed 04/10/20 Page 2 of 3 Page ID #:17868 DECLARATION OF DR. MATTHEW CHANG 1, DR. MATTHEW CHANG, declare as follows: 1. I have been employed by the County of Riverside?s Behavioral Health Department for six years and currently serve as the Director of Riverside University Health System?s Behavioral Health Department. I make this declaration in support of the County?s Opposition to the Plaintiffs? Motion to Enforce, or in the Alternative Modify, the Consent Decree. I have personal knowledge regarding the foregoing and if called as a witness I could and would testify to the following: 2. Behavioral Health operations in the jail have been modi?ed in response to the COVID-19 crisis. Behavioral health services continue to be provided in the jails while maintaining safety considerations, such as social distancing and proper PPE protocols. These modi?cations include the use of technology that allows for telehealth contact to occur between inmates and staff members, including and clinicians. Behavioral Health continues to provide comprehensive screening to all inmates booked into one of the County jails to determine severity and the level of behavioral health care needed by inmates and provide care accordingly. Staff continue to respond to all behavioral health crisis situations and perform risk assessments on inmates thought to be a danger to self or others or who appear to be gravely disabled. Staff respond to all inmate health care requests, both priority and routine 3. The Department of Behavioral Health, Correctional Health, and the Riverside County Sheriff?s Department have worked together to put into place a system?wide COVID- 2 DECLARATION OF DR. MATTHEW CHANG IN SUPPORT OF COUNTY OF OPPOSITION Case Document 183-3 Filed 04/10/20 Page 3 of 3 Page ID #:17869 19 Pandemic Response Plan (?Response Plan?). I have reviewed the Response Plan attached as Exhibit to the Declaration of Bonnie Carl and I also declare that this is a true and correct copy of the Response Plan and that it accurately re?ects Behavioral Health?s response to the COVID-19 pandemic. I assisted in the preparation of those portions of that document which are referenced as Action Plans?. 4. Behavioral Health continues to provide necessary services as mandated by the Remedial Plan despite the current crisis. As indicated, Behavioral Health has modi?ed the delivery of these services during the current crisis in an effort to keep staff and inmates safe. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct, and that this declaration is executed on April 9, 20.205 at California. DR. MATTHEW CHANG 3 DECLARATION OF DR. MATTHEW CHANG IN SUPPORT OF COUNTY OF OPPOSITION Case Document 183-4 Filed 04/10/20 Page 1 of 3 Page ID JAMES E. BROWN, Assistant County Counsel KELLY A. MORAN, OFFICE OF COUNTY #:17870 SBN 162579) Engt-yNCounty Counsel (SBN 267147) SEL 3960 Oran Street, Suite 500 Riverside, 4% 92501?3674 Telephone: 8311 Facs1mile: 955-63 00 955 -6363 Email: Jebbrown@rivco.org kmoran@r1vco.org ARTHUR K. CUNNINGHAM, SBN 97506 LEWIS BRISBOIS BISGAARD SMITH 650 East Hospltality Lane, Suite 600 San Bernardino, California 92408 909 387-1130-Ph0ne 909 387?1138?Fax Email: Attorneys for Defendant COUNTY OF RIVERSIDE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA TON GRAY, et al., on behalf of CASE NO. VAP (OP) emselves and all others similarly situated, Plaintiffs, V. CLASS ACTION DECLARATION OF MISHA GRAVES IN SUPPORT OF COUNTY OF OPPOSITION TO MOTION TO COUNTY OF RIVERSIDE, ENFORCE OR IN THE Defendant. ALTERNATIVE MODIFY, CONSENT DECREE (Filed concurrentl with: Conniqungiyersi 6?3 0 osition to Plainti?s Motion to Er??ce; Declaration of Bonnie arl; Declaration of Dr. Matthew Chan"; Declaration of James E. Brown and Declaration of Thomas Hyland} JUDGE: Hon. Virginia Phillips DATE: TBD TIME: TBD COURTROOM: 8A LOCATION: 350 W. First Street, Los Angeles, CA 90012 DECLARATION OF MISHA GRAVES IN SUPPORT OF COUNTY OF OPPOSITION I?x) p?l l?-P- Case Document 183-4 Filed 04/10/20 Page 2 of 3 Page ID #:17871 DECLARATION OF MISHA GRAVES I, MISHA GRAVES, declare as follows: 1. I have been employed by the Riverside County Sheriff?s Department (?Sheriffs Department?) for 23 years and currently serve as a Correctional Chief Deputy over Corrections Support. I make this declaration in support of the County?s Opposition to the Plaintiffsi Motion to Enforce, or in the Alternative Modify, the Consent Decree. I have personal knowledge regarding the foregoing and if called as a witness I could and would testify to the following: 2. Part of my assignment includes the testing and opening of the John J. Benoit Detention Center in Indio. 3. The construction of was recently completed and the Sherifl?s Department recently obtained control of the building. 4. The Sheriff?s Department is currently in the midst of a ninety day ?transition period? of the facility to determine whether any issues arise that will need to be resolved before can be populated with inmates. 5. Once this transition period is completed, and any discovered issues have been resolved, the Sheriff?s Department will then begin training its deputies to staff the facility. A training period, during which the facility is empty of inmates, will be necessary as the design of this facility and the technology included therein is signi?cantly different than any other facility within the County of Riverside?s corrections system. 2 DECLARATION OF MISHA GRAVES IN SUPPORT OF COUNTY OF OPPOSITION r43- Case Document 183-4 Filed 04/10/20 Page 3 of 3 Page ID #:17872 6. Based on the foregoing, is not currently available to house inmates at this time. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and. correct, and that this declaration is executed on April 9, 2020, at Riverside, California. _&Mm MISHA GRA 3 DECLARATION OF MISHA GRAVES IN SUPPORT OF COUNTY OF OPPOSITION Case Document 183-5 Filed 04/10/20 Page 1 of 3 Page ID #:17873 JAMES E. BROWN Assistant County Counsel 162579) KELLY A. MORAN, OFFICE OF COUNTY De ut Coun Counsel BN 267147) 0 3960 Oran Street, Suite 500 Riverside, A 92501-3674 Telephone: (951? 955?6300 Facmmile: (951j955-6363 Email: ebbrown ivco.org kmoran@r1vco.org ARTHUR K. CUNNINGHAM, SBN 97506 LEWIS BRISBOIS BISGAARD SMITH 11p 650 East HospltalityoLane, Suite 600 San Bernardino, Ca11forn1a 92408 909 387-1130 - Phone 909 387?1138 ?Fax mall: Attorneys for Defendant COUNTY OF RIVERSIDE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA GRAY, et al., on behalf of CASE NO. VAP (OP) themselves and all others snmlarly Sltuated, CLASS ACTION Plaintiffs, DECLARATION OF THOMAS HYLAND IN SUPPORT OF COUNTY V. 0F OPPOSITION TO MOTION TO COUNTY OF RIVERSIDE, ENFORCE, OR IN THE Defendant. ALTERNATIVE MODIFY, CONSENT DECREE (Filed concurrentl with: County O?Riversi ?3 ?osition to Motion to ngcirce; Declaration of James . Brown; I Declaration of Bonnie Carl; Declaration of Dr. Matthew Chang; and Declaration of Misha Graves) JUDGE: Hon. Virginia Phillips DATE: TBD TIME: TBD COURTROOM: 8A LOCATION: 350 W. First Street, Los Angeles, CA 90012 DECLARATION OF THOMAS HYLAND IN SUPPORT OF COUNTY OF OPPOSITION ?Case Document 183-5 Filed 04/10/20 Page 2 of 3 Page ID #:17874 DECLARATION OF THOMAS HYLAND I, THOMAS HYLAND, declare as follows: 1. I have been employed by the Riverside County Sheriff?s Department (?Sheriff?s Department?) for-? years and currently serve as a Correctional Lieutenant. I am the Medical and Mental Health Liaison for the Jail System in Riverside County. I make this declaration in support of the County?s Opposition to the Plaintiffs? Motion to Enforce, or in the Alternative Modify, the Consent Decree. I have personal knowledge regarding the foregoing and if called as a witness I could and would testify to the following: 2. Correctional operations in the jail have been modi?ed in response to the crisis. Correctional services continue to be provided in the jails while maintaining safety considerations. 3. The Department of Behavioral Health, Correctional Health, and the Riverside County Sheriff?s Department have worked together to put into place a system-wide l9 Pandemic Response Plan (?Response Plan?). I have reviewed the Response Plan attached as Exhibit to the Declaration of Bonnie Carl and I also declare that this is a true and correct copy of the Response Plan and that it accurately re?ects the Sheriff's Department?s response to the pandemic. I personally prepared those portions of that document which are referenced as Action Plans". 4. Correctional services continue to be provided as mandated by the Remedial Plan despite the current crisis. As indicated, the Sheriff?s Department has modi?ed the delivery of these services during the current crisis in an effort to keep staff and inmates safe. 2 DECLARATION OF THOMAS HYLAND IN SUPPORT OF COUNTY OF OPPOSITION (A Case Document 183-5 Filed 04/10/20 Page 3 of 3 Page ID #:17875 In addition to Exhibit information concerning these modi?cations can be found in the County?s March 22, 2020 response to the Prison Law Of?ce?s March 16, 2020 correspondence (included as Exhibit to the Declaration of Sara Norman, Document No. 178-1, Pages 21925). I personally assisted in the preparation of those portions of that document which concern correctional matters. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct, and that this declaration is executed on April 9, 2020, at Riverside, California. THOMAS HYLAND 3 DECLARATION OF THOMAS HYLAND IN SUPPORT OF COUNTY OF OPPOSITION \10Case Document 183-6 Filed 04/10/20 Page 1 of 3 Page ID #:17876 JAMES E. BROWN, Assistant County Counsel SBN 162579) KELLY A. MORAN, De Counsel BN 267147) OFFICE OF COUNTY SEL 3960 Oran Street, Suite 500 R1vers1de, A 92501-3674 Telephone: 951 955-6300 Facsimlle: 951 955-6363 Emall: Jebbrown@rivco.org kmoran@r1vco.org ARTHUR K. CUNNINGHAM, SBN 97506 LEWIS BRISBOIS BISGAARD SMITH LLP 650 East HospItality Lane, Suite 600 San Bernardlno, California 92408 909 387-1130 - Phone 909 387-1138?Fax mall: Attorneys for Defendant COUNTY OF RIVERSIDE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA QUINTON GRAY, et al., on behalf of CASE NO. EDCV13-0444 VAP (OP) themselves and all others similarly situated, CLASS ACTION Plaintiffs, PROOF OF SERVICE RE: v. COUNTY OF OPPOSITION T0 COUNTY OF RIVERSIDE, EMERGENCY MOTION TO Defendant. ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE (DOCKET NUMBER 177) Filed concurrently with: eclaration of James E. Brown; Declaration of Bonnie Carl; Declaration of Matthew Chang Declaration of James E. Brown; Declaration of Thomas Hyland; and Declaration of Misha Graves) JUDGE: Hon. Virginia Phillips DATE: TBD TIME: TBD COURTROOM: 8A LOCATION: 350 W. First Street, Los Angeles, CA 90012 PROOF OF SERVICE Case Document 183-6 Filed 04/10/20 Page 2 of 3 Page ID #:17877 PROOF OF SERVICE United States District Court Case No. I, the undersigned, say that I am a citizen of the United States and am employed in the county of Rlver51de, .over the age of 18 gears and not a partsy to the W1th1n actlon or that my busmess address 15: 3 60 Orange Street, u1te 500, R1vers1de, CA On April 10, 2020 a true and correct copy of the foregoing document entitled: 1. COUNTY OF OPPOSITION TO EMERGENCY MOTION TO ENFORCE, OR IN THE ALTERNATIVE MODIFY, CONSENT DECREE DOCKET NUMBER 177) 2. DECLARATION OF DR. MATT EW CHANG 3. DECLARATION OF JAMES E. BROWN 4. DECLARATION OF BONNIE CARL 5. DECLARATION OF THOMAS HYLAND 6. DECLARATION OF MISHA GRAVES was served on all parties pursuant to 5(b) as follows: 1d Arthur Kenneth Cunningham 131.??ng Lewis Brisbois Bisgaard and Smith LLP 1917 Fifth Street Tri?City Corp Center lg?ikzeilge 92%; 94710 650 East Hospitality Lane Suite 600 Fax: 516-280-2704 San Bernardino, CA 92408-3508 Email: dspecter@prisonlaw.com 909-387-1130 Fax: 909-387-1 138 Email: Sara Linda Norman Prison Law Of?ce Christopher Lockwood 1917 Fifth Street Ar1as and Lockwood Berkele CA 94710 1881 South Business Center Drive Suite 9A 510?28 '2621 San Bernardino, CA 92408 Fax: 510-280-2704 Email: snorman@prison1aw.com :09?9190?0125 Fax: 909'890'0185 ma1 Shawn Everett Hanson Stephanie Joy Tanada Akm?upmp Strauss Hauer and Feld Lewis Brisbois Bisgaard and Smith LLP 580 California Street 15th Floor Tri-City Corp Center 516351135588, CA 94104'1036 650 Hospitality Lane Suite 600 Fax: 415'_765_9501 San Bemardino, CA 92408-3508 Email: shanson@akingump.com 909-387-1 130 Fax: 909-387-1138 Email: 2 PROOF OF SERVICE Case Document 183-6 Filed 04/10/20 Page 3 of 3 Page ID #:17878 Danielle Ginty Akin Igqup Strauss Hauer Feld 580 California Street Suite 1500 San Francisco, CA 94104 415-765-9500 Fax: 415-765-9501 Email: dginty@akingump.com TO BE SERVED BY THE COURT VIA THE NOTICE OF ELECTRONIC FILING (NEF). Pursuant to L.R. 5-3.2.3, the fore%omg document W111 be served by the court via NEF and hyperlink to the document. checked the docket for case or adversa proceedmg and determmed that. the follow1n%cpersons are on the Electronic Mail otice to receive NEF at the a resses stated. I declare under penalty of perjury under the laws of the United States of America, State of Cal1forn1a that the foregomg is true and correct. Executed on April 10, 2020 at Riverside, California. Welle Quiroz 3 PROOF OF SERVICE