Practice Areas
Practice Description
David Kendig serves as City Attorney to the City of Tustin and as General Counsel to the Orange County Fire Authority, a 24-member joint powers authority providing fire protection and emergency medical services throughout Orange County.
For over 30 years, Mr. Kendig has been active as advocate and advisor to cities, counties and other public agencies in such areas as real property disposition and development, planning and zoning, multi-agency agreements, Surplus Land Act, public meeting and agenda requirements, public records laws, Levine Act, Political Reform Act and other conflict of interests regulations, state and federal grant programs, compliance with environmental laws including the California Environmental Quality Act and federal species protection laws, addressing limitations on local land use authority under Federal laws, LAFCO and local agency formation and annexation issues, government tort claims, elections code compliance and transition to district elections, and advocacy of legislation.
Mr. Kendig regularly advises city councils, boards of directors, city managers, city and Fire Authority staffs, commissions, and other government agency staff on all aspects of public agency law.
Mr. Kendig has negotiated and prepared a variety of agreements, including professional services agreements, exclusive negotiation agreements, complex real property purchase and sale agreements, Surplus Land Act notices of availability, development agreements, development and disposition agreements, real property instruments, environmental insurance, employment agreements, telecommunications site lease agreements, public works contracts, and engineering agreements. He also prepares ordinances, resolutions, administrative enforcement procedures, and administrative policies, and has advocated for public agencies in mediations and negotiated settlement agreements.
Before joining the firm, Mr. Kendig served as LAFCO Counsel for the Santa Cruz County Local Agency Formation Commission and as Assistant County Counsel for the County of Santa Cruz. In 2004, the California Association of Local Agency Formation Commissions (CalLAFCO) recognized Mr. Kendig as the Outstanding LAFCO Professional for his work as LAFCO Counsel in Santa Cruz County.
Professional Activities
Mr. Kendig has served as Chair of the Orange County Bar Association’s Real Estate Law section and is an active member of the Orange County City Attorneys Association.
Representative Matters
- Managed the legal team in successful negotiations and disposition of hundreds of acres at the former Marine Corp Air Station, Tustin, including:
- Disposition and development agreements for a variety of single- and multi-family residential uses, commercial and medical developments, and offices complexes
- Negotiation of transactions to qualify for exceptions in the Surplus Land Act
- Coordination of environmental insurance requirements and coverage to address environmental risks of closed military base dispositions
- Inter-agency agreements for college, school and other public and utility uses
- Resolution of title restrictions with title insurers
- Federal Leases in Furtherance of Conveyance (LIFOC)
- Licenses for use of former Navy blimp hangar
- Advised city to the successful certification and approval in 2022 of its Housing Element.
- Procurement and contract preparation for the design and construction contracts for hundreds of millions of dollars in public infrastructure projects (roads, bridges, parks, lighting, water, sewers, etc.) to serve the former MCAS Tustin and other areas of Tustin
- Assisted city in annexation proceedings before LAFCO, including amending sphere of influence and participation in municipal service reviews proceedings
- Obtained approval of streambed alteration agreements from the California Department of Fish and Game for levee maintenance projects in resource sensitive stream section
- Successfully filed for and obtained fill and dredge permit approvals from the Army Corp of Engineers, and Federal Endangered Species Act incidental take permits from U.S. Fish and Wildlife
- Advise clients on Brown Act and Public Records Act requirements
Education
- University of Southern California School of Law (J.D., 1991)
- University of Southern California (B.A., cum laude, 1988)