West Hollywood

City Council

April 17, 2023 Consent Calendar #K

Agenda Item K

2.K. RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF WEST HOLLYWOOD, CALIFORNIA,\nAUTHORIZING THE CITY MANAGER TO ENTER\nINTO THE OPIOID SETTLEMENT AGREEMENTS\nWITH WALGREENS CO., WALMART, INC., CVS\nHEALTH CORPORATION/CVS PHARMACY INC.,\nTEVA PHARMACEUTICAL INDUSTRIALS LTD.,\nAND ALLERGAN FINANCE LLC/ALLERGAN\nLIMITED, AGREE TO THE TERMS OF THE STATE-\nSUBDIVISION AGREEMENTS, AND AUTHORIZE\nENTRY INTO THE STATE-SUBDIVISION\nAGREEMENTS WITH THE ATTORNEY GENERAL;\nAND FURTHER AUTHORIZING THE CITY\nMANAGER TO ENTER INTO FUTURE OPIOID\nSETTLEMENT AGREEMENTS OF A SIMILAR\nNATURE [C. SCHROEDER, L. ISENBERG]:\nThe City Council will consider a resolution opting into\nsettlement agreements with various distributors of\nopioids, including Walgreens Co., Walmart, Inc., and\nCVS Health Corporation/CVS Pharmacy, Inc., and\nopioid manufacturers.\nRECOMMENDATIONS: It is recommended that the\nCity Council adopt Resolution 23-______: A\nRESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF WEST HOLLYWOOD, CALIFORNIA,\nAUTHORIZING THE CITY MANAGER TO ENTER\nINTO THE OPIOID SETTLEMENT AGREEMENTS\nWITH WALGREENS CO., WALMART, INC., CVS\nHEALTH CORPORATION/CVS PHARMACY INC.,\nTEVA PHARMACEUTICAL INDUSTRIALS LTD.,\nAND ALLERGAN FINANCE LLC/ALLERGAN\nLIMITED, AGREE TO THE TERMS OF THE STATE-\nSUBDIVISION AGREEMENTS, AND AUTHORIZE\nENTRY INTO THE STATE-SUBDIVISION\nAGREEMENTS WITH THE ATTORNEY GENERAL;\nAND FURTHER AUTHORIZING THE CITY\nMANAGER TO ENTER INTO FUTURE OPIOID\nSETTLEMENT AGREEMENTS OF A SIMILAR\nNATURE. Adopting this Resolution will cause the City\nto: 1) Opt into settlement agreement with opioid\ndistributor, Walgreens Co., and direct the City\nManager to execute any documents necessary to\nimplement the action; 2) Opt into settlement\nagreement with opioid distributor, Walmart, Inc. and\ndirect the City Manager to execute any documents\nnecessary to implement the action; 3) Opt into\nsettlement agreement with opioid distributor, CVS\nHealth Corporation/CVS Pharmacy, Inc. and direct\nthe City Manager to execute any documents\nnecessary to implement the action; 4) Opt into\nsettlement agreement with opioid manufacturer, Teva\nPharmaceutical Industries Ltd., and direct the City\nManager to execute any documents necessary to\nimplement the action; 5) Opt into settlement\nagreement with opioid manufacturer, Allergan\nFinance, LLC/Allergan Limited and direct the City\nManager to execute any documents necessary to\nimplement the action; and 6) Authorize the City\nManager to execute any future documents necessary\nto settle and release the City's claims against any\nother manufacturers and/or distributors of various\nopioids based on the allegation that the defendants'\nunlawful conduct caused the opioid epidemic\n("Future Settling Defendants"), in exchange for\nconsideration set forth in agreements substantially\nsimilar to the settlement agreements currently before\nthe Council. Unless the City intends to pursue its own\nlitigation against these parties, it is recommended\nthat the City opt into the settlement and elect to\nreceive payments directly.\nSTAFF REPORT