RESOLUTION NO. __________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING PARTICIPATION IN THE NATIONAL
OPIOID SETTLEMENT AGREEMENTS AND AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO EXECUTE THE RELATED
PARTICIPATION DOCUMENTS.
WHEREAS, in 2021, a national settlement was reached in multi-district litigation in Ohio brought by states, and cities, against the three largest opioid distributers – McKesson, Cardinal Health, and AmerisourceBergen – and the opioid manufacturer Janssen (owned by Johnson & Johnson); and
WHEREAS, on January 19, 2022, the City of Bakersfield (“CITY”) adopted Resolution No. 003-2022 to opt in and receive the benefits of the 2021 settlement in exchange for releasing its claims against the opioid distributors and Janssen; and
WHEREAS, in 2022, a second national settlement was reached that would resolve opioid litigation brought by states, local political subdivisions, and special districts against two pharmaceutical manufacturers (“Manufacturers”) – Teva and Allergan – and three pharmacies – CVS, Walgreens, and Walmart (“Pharmacies”); and
WHEREAS, on April 12, 2023, CITY adopted Resolution No. 0 39-2023, to opt in and receive the benefits of the 2022 settlement; and
WHEREAS, a new national opioid settlement has been reached with six remnant regional distributors/dispenser defendants which, if effectuated, will result in a settlement of over $97Million for purposes of abating the opioid epidemic (“Remnant Settlement”); and
WHEREAS, although CITY is not a litigating entity involved in this litigation is may “opt in” to receive the benefits of the Remnant Settlement in exchange for releasing its claims against the opioid manufactures and pharmacies; and
WHEREAS, increased participation in the settlement by cities with populations greater than 10,000 will result in greater funding allocations to their respective counties and states under the settlement’s incentive structure; and
WHEREAS, opting-in to the Remnant Settlement by May 4, 2026 , will enable CITY to receive funds from the Remnant Settlement, which can be used to treat opioid use disorder and for other related eligible purposes; and
WHEREAS, CITY shall utilize the Remnant Settlement funds for the Core Strategies and Approved Uses as set forth in the Remnant Defendant Settlement Agreement and City Council will approve disbursement of Remnant Settlement funds at a later date.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals are true and correct and are incorporated herein.
2. City Council finds that the City Manager or Designee is authorized to accept the proposed settlements with the opioid distributors/dispenser defendants on behalf of the City of Bakersfield.
3. City shall utilize the Remnant Settlement funds for the Core Strategies and Approved Uses as set forth in the Remnant Defendant Settlement Agreement.
4. Should any section, clause or provision of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part so declared to be invalid.
5. City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be published or posted according to law.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
__________________________________________
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of the Council of the
City of Bakersfield
APPROVED _________________
By: _______________________________
KAREN GOH
MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
By: ____________________________
VIRGINIA GENNARO
City Attorney