Michelle Marchetta Kenyon | Shareholder

Professional Experience

Michelle assisted in establishing the firm's Oakland branch office which specializes in public and municipal law. Her management duties include branch administration, marketing, budgeting, recruitment and case management.

Michelle provides legal representation for cities, redevelopment agencies and other public agencies as city attorney and special counsel. Her areas of specialty include land use and planning law, environmental law, redevelopment, eminent domain, rent control, land use litigation and appellate advocacy. She is experienced in both state and federal trial and appellate courts, including written appearances in the U.S. Supreme Court. She has served as lead attorney in several successful published decisions in litigation involving CEQA, inverse condemnation, election law, police powers, civil rights and rent control. Some representative cases include:Hillsboro Properties v. City of Rohnert Park, 138 Cal.App.4th 379 (2006); 108 Holdings v. City of Rohnert Park, 136 Cal.App.4th 186 (2006); Citizens to Enforce CEQA v. City of Rohnert Park, 131 Cal.App.4th 1594 (2005); Milagra Ridge Partners Ltd. v. City of Pacifica, 62 Cal.App.4th 108 (1998); Broadmoor Police Protection Dist. v. San Mateo Local Agency Formation Commission, 26 Cal.App.4th 304 (1994); Sierra Lakes Reserve v. City of Rocklin, 938 F.2d 951 (1991) [113 S. Ct. 31; 121 L.Ed.2d 4]; and Northwood Homes, Inc. v. Town of Moraga, 216 Cal.App.3d 1197 (1989).

Michelle currently serves at Town Attorney for the Town of Moraga, City Attorney for the Cities of Rohnert Park and Calistoga, Special Counsel to the cities of Berkeley, Pacifica, San Bruno, San Mateo and Burlingame, General Counsel for the Livermore-Amador Valley Water Management Agency, and District Counsel for the Ross Valley Sanitary District. She previously has served as City Attorney for the Cities of Lincoln and Pacifica, Interim City Attorney for the cities of Danville, Pacifica, Pleasant Hill, San Bruno, Daly City, and General Counsel for the Eastern Contra Costa Transit Authority. Her practice includes advising city councils and staff in municipal law issues such as annexation procedures, bidding and claims procedures, CEQA, code enforcement, conflict of interest laws, contract review, elections, Government Tort Claims Act, initiatives, referenda, land use and planning, municipal finance, open meeting laws, personnel and redevelopment.

Presentations/Publications

Paper and Presentation, "Procedural Hurdles And Defenses In Litigating Regulatory Takings Claims Under The Fifth Amendment," Georgetown University Law Center, CLE/Environmental Law & Policy Institute, October 2004

Paper and Presentation, "Demystifying Substantive Due Process," Hastings Municipal Law Institute, October 2003

Paper and Presentation, "Land Use Litigation Update," League of California Cities, Spring and Fall Conferences, 2002

Paper and Presentation, "Update on Regulatory Takings," Mayors and Council Members Executive Forum, League of California Cities, Annual Conference, 2000

Paper and Presentation, "1999 Legislative Update," League of California Cities, Annual Conference, 1999

Paper and Presentation, "Brown Act Update," League of California Cities Annual Conference, 1998

Paper and Presentation, "Open and Public: What the Brown Act Does and Does Not Require," League of California Cities, Annual Conference, 1997

Speaker, "Proposition 62 and the Guardino Decision," Quarterly Meeting of Bay Area Municipal Finance Officers, Winter 1996

Paper and Presentation, "Update on Selected Constitutional Limits on City Powers: Takings, First Amendment, Commerce Clause, and Substantive Due Process," League of California Cities, Annual Conference, 1994

Paper and Presentation, "Section 1983 Liability Arising Out Of Land Use Regulations: Regulatory Takings," League of California Cities Continuing Education Seminar for Municipal Attorneys, Winter 1991

Leadership Positions/Affiliations

President, City Attorneys Department, League of California Cities,
2008-2009

First Vice President, City Attorneys Department, League of California Cities - 2007-2008

Second Vice President, City Attorneys Department, League of California Cities - 2006-2007

President, Contra Costa County City Attorneys Association - 2006 to Present

Advisory Board Member, California Community Land Use Project - 1998 to Present

Member, League of California Cities, City Attorneys Department Nominating Committee - 1993, 1996, 2003

Chair, League of California Cities, City Attorneys Department Legislative Committee - 1999-2000

Member, League of California Cities, City Attorneys Department Legislative Committee - 1998-2000

Chair, League of California Cities, Legal Advocacy Committee - 1995-1996

Member, League of California Cities, Legal Advocacy Committee - 1994-1996

Honors/Awards

Recognized as a 2004, 2007 & 2008 Northern California Super
Lawyer ®