Cal. Resources Production Corp. v. Antioch City Council
Opinion
Opinion
Goldman, J.
BACKGROUND
CRPC owns and operates the Union Island Pipeline, through which natural gas is transferred from four gas fields to a transfer station in Contra Costa County. An 8.5-mile segment of the pipeline is located within the City’s public right-of-way. In January 1991, the City Council approved an ordinance granting a 25-year franchise to Union Oil Company of California for the 8.5-mile segment of the Union Island Pipeline (the Franchise Agreement). The ordinance granting the Franchise Agreement took effect in February 1991 and expired in February 2016. In February 2016, CRPC applied for a five- year extension of the Franchise Agreement. In December 2017, the City Council granted the extension by ordinance and extended CRPC’s Franchise Agreement to February 7, 2021. In February 2021, CRPC applied for a 10-year extension of the Franchise Agreement to February 7, 2031. In August 2021, the City Council considered and passed a resolution of intent to pass an ordinance extending the Franchise Agreement as requested. On September 28, 2021, however, following a public hearing, the City Council voted against CRPC’s application. As a result of the City’s denial of CRPC’s application,…