Title
Consider recommendations regarding a Resolution authorizing County Counsel to partially settle the litigation of County of Santa Barbara v. Purdue Pharma, et al. (Case No. 1:17-MD-2804) with The Kroger Co., as follows:
a) Adopt a Resolution that approves and authorizes County Counsel or her designee to execute the following agreements to partially settle the litigation County of Santa Barbara and the People of the State of California v. Purdue Pharma, et al. (Case No. 1:17-MD-2804):
i) Subdivision Participation and Release Form which includes a release of all claims against The Kroger Co. and its “Released Entities” for their conduct complained of in the litigation;
ii) Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds, which shall enable the County of Santa Barbara to receive and direct the use of a portion of settlement funds distributed to the State of California for approved opioid abatement activities; and
iii) California-Subdivision Backstop Agreement, which will allow the County to pay the contingency fees of Outside Counsel Keller Rohrback from the recovered settlement funds in an amount not to exceed 15% of the County’s recovery plus costs; and
b) Determine that the above actions are not a project under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5) because they consist of government administrative or fiscal activities that will not result in direct or indirect physical changes in the environment.