STAFF REPORT
City of Lancaster
CC 18
10/13/2026
TN
Date: October 13, 2026
To: Mayor Parris and City Council Members
From: Patti Garibay, Director - Community Development
Nicole Jones, Manager – Community Development
Subject: Award of Professional Services Agreements for Planning, Housing, and Environmental Legal Services – RFP No. 883-26
Recommendation:
1. Approve Professional Services Agreements with Best Best & Krieger LLP and Burke, Williams & Sorensen, LLP for Planning and Land Use Legal Services, Housing and Affordable Housing Legal Services, Environmental and Regulatory Compliance Legal Services, and other legal services as may be needed and deemed appropriate by the City Attorney or City staff, on an as-needed basis for an initial term of three (3) years and eight (8) months, with two (2) additional one-year extension options upon mutual written agreement.
2. Authorize the City Manager, or his designee, to execute the agreements and any related agreements or documents, subject to City Attorney approval.
G.C. Section 84308: No
Fiscal Impact:
The Agreements with Best Best & Krieger LLP and Burke, Williams & Sorensen, LLP authorize expenditures in a combined aggregate amount not to exceed $250,000 annually across both firms, for a combined total not-to-exceed amount of $1,250,000 over the entirety of the agreements, including any approved extension periods. Funding is included in the Planning and Housing professional services budgets and will be subject to annual budget appropriations by the City Council. The annual not-to-exceed amount is shared between both firms and does not constitute separate $250,000 annual authorizations for each firm. No additional General Fund appropriation is requested at this time.
Background:
The City of Lancaster requires specialized legal counsel to support a wide range of municipal activities involving land use and planning, housing and affordable housing programs, environmental compliance, real property transactions, and related regulatory matters. To ensure the City has access to qualified legal counsel with the appropriate municipal experience, expertise, and capacity, the City issued Request for Proposals (RFP) No. 883-26 for Planning, Housing, Environmental, and Tort Defense Legal Services. The RFP provides legal advice, representation, document preparation, regulatory analysis, and related services on an as-needed basis in support of the Community Development Department, Housing Division, Planning Division, Risk Management Division, and City Attorney’s Office.
The RFP was structured to allow firms to submit qualifications for one, multiple, or all of the identified legal service areas, with each Area of Law evaluated independently. This approach allows the City to establish separate rankings and award agreements to one or more qualified firms within each Area of Law based on the evaluation results and the City’s determination of best value.
The City received six (6) proposals for Planning and Land Use Legal Services, five (5) proposals for Housing and Affordable Housing Legal Services, and five (5) proposals for Environmental and Regulatory Compliance Legal Services. Proposals were evaluated through the City’s competitive selection process based on the firms’ qualifications and experience, ability to perform the required services, qualifications of proposed personnel, technical approach, demonstrated understanding of the City’s needs, and overall responsiveness to the RFP.
Following completion of the evaluation process, Best Best & Krieger LLP and Burke, Williams & Sorensen, LLP were the two highest-scoring firms and are recommended for award. Awarding agreements to both firms will provide the City with additional depth, capacity, specialized expertise, and flexibility to assign matters based on the particular needs of each project or legal issue.
Planning and Land Use Legal Services
Planning and Land Use Legal Services may include legal review, analysis, drafting, and advisory services involving zoning regulations, General Plan consistency, Specific Plans, subdivision regulations, development standards, conditional use permits, variances, overlay zones, development entitlements, and related municipal regulatory matters. Services may also include drafting and reviewing ordinances, resolutions, development agreements, conditions of approval, staff reports, and other planning-related documents, as well as attendance at Planning Commission and City Council meetings, administrative hearings, and other proceedings when requested by the City.
The firms may also provide legal guidance regarding state housing and land use legislation, including the Housing Accountability Act, Density Bonus Law, SB 35, SB 9, SB 330, Accessory Dwelling Unit regulations, Builder’s Remedy matters, and other applicable state housing requirements.
Housing and Affordable Housing Legal Services
Housing and Affordable Housing Legal Services may include regulatory guidance, document preparation, and advisory support related to affordable housing programs, Housing Element implementation, Regional Housing Needs Allocation (RHNA) compliance, affordability covenants, inclusionary housing requirements, housing funding programs, and other housing initiatives and compliance matters.
Services may also include drafting, reviewing, negotiating, and analyzing disposition and development agreements, regulatory agreements, affordability covenants, ground leases, shared appreciation loan agreements, funding agreements, and other housing program or transactional documents. Legal counsel may provide guidance and compliance assistance involving the California Department of Housing and Community Development (HCD), HOME Investment Partnerships Program, Community Development Block Grant (CDBG) Program, homelessnessrelated programs, supportive housing initiatives, fair housing requirements, ADA compliance matters, and related state and federal housing laws and regulations.
The scope also provides for legal assistance with real property and municipal transactional matters associated with housing and development activities, including easements, dedications, purchase and sale agreements, option agreements, escrow documents, public-private partnerships, development impact fee agreements, and related municipal agreements and transactions.
Environmental and Regulatory Compliance Legal Services
Environmental and Regulatory Compliance Legal Services may include legal analysis and support involving the California Environmental Quality Act (CEQA), Initial Studies, Mitigated Negative Declarations, Environmental Impact Reports, Notices of Exemption, Notices of Determination, and administrative record preparation. Services may also include legal review of environmental documentation, litigation risk analysis, and guidance regarding state and federal regulatory requirements affecting municipal planning and housing activities.
Award of Agreements
The proposed agreements will have an initial term of three (3) years and eight (8) months, with two (2) additional one-year extension options upon mutual written agreement. Services will be provided on an as-needed basis, and the City does not guarantee a minimum volume of work.
While the agreements are primarily intended to provide Planning and Land Use, Housing and Affordable Housing, and Environmental and Regulatory Compliance Legal Services, Best Best & Krieger LLP and Burke, Williams & Sorensen, LLP may also be utilized on an as-needed basis for other legal services when their expertise and capabilities are determined to meet the City’s needs, as deemed appropriate by the City Attorney or City staff. All legal services provided under the agreements will be performed under the direction and oversight of the City Attorney.
Awarding agreements to both firms will provide the City with a pool of qualified outside counsel and the flexibility to assign work on a matter-by-matter basis based on the nature and complexity of the assignment, specialized expertise, availability, potential conflicts of interest, workload and capacity, and other factors determined to be in the City’s best interest.
Attachment:
Professional Services Agreements with Best Best & Krieger LLP for Planning, Housing, and Environmental Legal Services – RFP No. 883-26
Professional Services Agreements with Burke, Williams & Sorensen, LLP for Planning, Housing, and Environmental Legal Services – RFP No. 883-26