Practice Areas

Municipal law, land use and redevelopment law, election matters, bond finance, conflict of interest and ethics regulations

Background and Experience

Mr. Kaufman presently serves as Chief Assistant City Attorney and regularly attends and counsels various City Council committees, the Planning Commission and the Board of the Santa Ana Empowerment Corporation.  He provides legal assistance in numerous areas such as land use and redevelopment law, election matters, bond finance, conflict of interest and ethics regulations.  He is also the author of numerous articles on land use and environmental matters.

Prior to joining the City, he spent ten years as partner with the municipal law firm of Freilich, Kaufman, Fox & Sohagi in Los Angeles. He has had extensive experience in complex land use matters including First Amendment litigation and transactional matters.  Mr. Kaufman has represented California cities in Constitutional law challenges before both state and federal courts up to and including the United States Supreme Court on behalf of numerous California cities.

Published cases handled by Mr. Kaufman include  a challenge to a fee charged to utilities to trench into newly paved city streets alleged to unconstituionally impair a contract, Southern California Gas v. City of Santa Ana (9th Cir. 2003) 336 F.3d 885, a challenge to the authority of Congress to preempt traditional areas of local concern under the Commerce Clause, Tocher v. City of Santa Ana (9th Cir. 2000) 219 F.3d 1040, cert. denied (2001) 531 U.S. 1146,, overruled by City of Columbus v. Ours Garage & Wrecker Serv (2002) 536 U.S. 424, Hensler v. City of Glendale (1994) 8 Cal.4th 1, cert. denied (1995) 513 U.S. 1184, the first land use “regulatory takings” case heard by the California Supreme Court in 15 years; and the successful argument before the California Supreme Court on the constitutionality of an “art in public places”program and a $280,000 re-zoning fee in Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, cert. denied 519 U.S. 929.  Published opinions in the First Amendment area include the trio of Pasadena cases, 3570 East Foothill Boulevard, Inc. v. City of Pasadena, 980 F.Supp 329 (C.D. Cal. 1997); 912 F.Supp. 1268 (1996); &  912 F.Supp. 1257 (1995), aff’d,  99 F.3d 1147 (9th Cir. 1996).  Other appellate cases in which Mr. Kaufman has appeared as counsel of record include Tilly B. v. City of Newport Beach (1998) 69 Cal.App.4th 1 (regulation of adult business); City of San Diego v. U.S. Gypsum (1994) 30 Cal.App.4th 575 (cost recovery for abating asbestos in public buildings); City of Glendale v. Superior Court (1993) 18 Cal.App.4th 1768 (holding that cities may not waive the power of eminent domain); Rogers v. Superior Court (1993) 19 Cal.App.4th 469 (Public Records Act does not require disclosure of telephone records of City Councilmembers); Tensor Group v. City of Glendale (1993) 14 Cal.App.4th 154 (city not required to pay damages for illegal moratorium); El Dorado Palm Springs, Ltd. v. City of Palm Springs (1991) 230 Cal.App.3d 335 (discretionary rent increases for mobile home park); AIU Insurance, Co.  v. Superior Court  (1990) 51 Cal.3d 807 (insurance coverage for orders to abate discharges of hazardous waste).

Education

Mr. Kaufman holds a Bachelor’s of Science in Civil and Environmental Engineering from Cornell University and received his law degree from the University of Southern California. While at USC he was presented with the Edward and Eleanor Shattuck Award, awarded annually to “students who have demonstrated the greatest potential for becoming outstanding members of the Bar,” served as Editor in Chief of the USC Environmental Law Journal and Executive Editor of Articles of the Computer/Law Journal.