HomeMy WebLinkAboutCC RES 23-15DocuSign Envelope ID: 359C7917-70E2-40AB-97FA-052BEF40EA6C
RESOLUTION NO. 23-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PARTICIPATION IN NATIONAL SETTLEMENTS
WITH MANUFACTURERS TEVA AND ALLERGAN AND CHAIN PHARMACIES
CVS, WALGREENS, AND WALMART, REGARDING OPIOIDS, AND THE
PROPOSED CALIFORNIA STATE SUBDIVISION AGREEMENT
CORRESPONDING TO EACH SETTLEMENT AGREEMENT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED
DOCUMENTS.
WHEREAS, proposed settlement agreements have been reached in litigation
brought by states and cities against opioid manufacturers Teva and Allergan for up to
$6.6 billion and chain pharmacies CVS, Walgreens, and Walmart for up to $13.8 billion
(the "Defendants"); and
WHEREAS, the proposed settlements consist of five agreements with the
Defendants (the "Settlement Agreements") and five Proposed California State
Subdivision Agreements (the "Subdivision Agreements") each one corresponding to one
of the five Settlement Agreements.
WHEREAS, under the terms of the Settlement Agreements, California and its local
public agencies could receive up to $1.8 billion in opioid abatement funding from these
settlements with the Defendants; and
WHEREAS, under the terms of Settlement Agreements, Teva and Allergan would
pay the various settling states and local agencies up to $6.6 billion in opioid abatement
funding, and the chain pharmacies CVS, Walgreens, and Walmart would pay up to $13.8
billion in opioid abatement funding. California is scheduled to receive approximately $2.2
billion, some of which will be distributed to California cities and counties; and
WHEREAS, although the City is not a litigating entity involved in this litigation, the
City may opt -in and receive funds from the Settlement Agreements in exchange for
releasing its claims against the Defendants and agreeing to the Subdivision Agreements;
and
WHEREAS, opting -in to the settlement will enable to the City receive funds from
the Settlement Agreements, which can be used to treat opioid use disorder and for other
specified purposes related to opioid abatement costs, as defined; and
WHEREAS, the City wishes to agree to the terms of the proposed Settlement
Agreements in order to receive monetary payments to fund opioid abatement costs, as
defined; and
Resolution 23-15
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DocuSign Envelope ID: 359C7917-70E2-40AB-97FA-052BEF40EA6C
WHEREAS, jurisdictions must opt -in to become Participating Agencies in the
Settlement Agreements by April 18, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN HEREBY
RESOLVES AND ORDERS AS FOLLOWS:
SECTION 1. Participation in the National Opioid Settlement Agreements. The City
Council hereby approves and elects to "opt in" as a Participating Agency in the Settlement
Agreements with manufacturers Teva and Allergan and chain pharmacies CVS,
Walgreens, and Walmart;
SECTION 2. Agreement to Proposed California State Subdivision Agreements. The City
Council approves each of the Proposed California State Subdivision Agreements
corresponding to each Settlement Agreement;
SECTION 3. City Manager Appointment and Authority. The City Manager is hereby
appointed as the City's Authorized Representative and the City Manager is authorized to
take all necessary and reasonable actions to effectuate the City's participation in the
Settlement Agreements and the Proposed California State Subdivision Agreements;
SECTION 4: Additional Documentation. The City Manager is further authorized to sign all
additional agreements and documents necessary to implement the City Council's
direction, each in a form approved by the City Attorney.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Tustin
held on the 12t" day of April, 2023.
DocuSigned by:
119DEE3867C041A_
AUSTIN LUMBARD,
Mayor
ATTEST:
DS
DocuSigned by:
ERICA N. YASUDA,
City Clerk
Resolution 23-15
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DocuSign Envelope ID: 359C7917-70E2-40AB-97FA-052BEF40EA6C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is five;
that the above and foregoing Resolution No. 23-15 was duly and regularly passed and
adopted at a regular meeting of the City Council held on the 12th day of April, 2023 by the
following vote:
COUNCILMEMBER AYES: Lumbard, Clark, Gallagher, Gomez (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Schnell (1)
COUNCILMEMBER RECUSED: (0)
DS
FuSigned by: �
Ca ga.Su'�,a
ERICA N. YASUDA,
City Clerk
Resolution 23-15
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