HomeMy WebLinkAboutStaff Report 2511-5573CITY OF PALO ALTO
CITY COUNCIL
Monday, December 15, 2025
Council Chambers & Hybrid
4:30 PM
Agenda Item
5.Adoption of a Resolution appointing Caio Arellano as Interim City Attorney Public
Comment
8
7
1
5
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: Human Resources
Meeting Date: December 15, 2025
Report #:2511-5573
TITLE
Adoption of a Resolution appointing Caio Arellano as Interim City Attorney
RECOMMENDATION
The Chair of the Council Appointed Officers Committee recommends that the City Council
adopt a resolution appointing Caio Arellano as Interim City Attorney until Council completes its
active and ongoing recruitment process and appoints a new City Attorney, and the new City
Attorney begins service in Palo Alto.
BACKGROUND
City Attorney Molly Stump Informed Council earlier this year of her intention to retire at the
end of the 2025 calendar year1. Stump’s advance notice to the Council allowed for an ample
planning process which included review and selection of an executive recruitment firm, one on
one stakeholder engagement meetings, as well as input from the public through the meetings
of the Council Appointed Officers Committee2.
The application period for the City’s next City Attorney opened on Friday November 14, 2025,
and will close on Sunday December 14, 2025. After the application period closes, Council will
be presented with candidates for consideration and is expected to invite highly qualified
applicants to interview in January 2026.
ANALYSIS
Executive recruitments of this level and nature routinely take 6 months to complete. This
timeframe includes the initial planning phase, active recruitment and selection, as well as
onboarding. Even with the ample noticed provided and the head start achieved, Council likely
will not appoint a new City Attorney until the end of February or early March of 2026, with the
new appointee beginning their service several weeks after that. This gap requires Council to
appoint a qualified attorney to serve as City Attorney on an interim basis.
1 Stump’s service will formally conclude on January 9, 2026, but she will be on leave beginning December 27, 2025.
2 Sept. 9 meeting: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=17948 and Sept. 22
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=18033
8
7
1
5
Caio Arellano joined the City of Palo Alto in February of 2022, serving as an Assistant City
Attorney for 10 months before being promoted to Chief Assistant City Attorney in December of
2022. The Chief Assistant City Attorney is a practicing attorney who also assists the City
Attorney in managing and directing the operations of the City Attorney’s Office. The Chief
Assistant handles complex and high-consequence matters, and also acts as the designee and
representative of the City Attorney as needed and in the City Attorney’s absence. Arellano has
practiced municipal law for 17 years. Before joining the Palo Alto City Attorney’s Office, he
served as an Assistant City Attorney in the cities of Santa Clara and San Mateo. Prior to that, as
an Associate in the firm of Atchison, Barisone, Condotti and Kovacevich, Arellano provided legal
services to Half Moon Bay and a number of other Northern California cities and special districts.
Arellano has experience and expertise in a wide variety of areas, including planning and
development, municipal finance, utilities, and public works/construction.
The resolution before Council will appoint Arellano as City Attorney on an interim basis,
effective December 27, 2025, consistent with the last in-office day of retiring City Attorney
Stump. Consistent with standard City practice as outlined in the Management and Professional
Compensation Plan, the Interim appointment will provide Arellano with working out of
classification pay of 10% above his Chief Assistant salary for the duration of the working out of
classification assignment. This assignment/pay is within the current salary range of the Chief
Assistant City Attorney approved by City Council and the assignment/pay will be in effective
from December 27, 2025 through and until the first day of employment of the City’s next City
Attorney, or future action by Council specific to this interim assignment.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
NOT YET APPROVED
Introduced and passed:
From:herb
To:Council, City; Clerk, City
Subject:December 15, 2025 City Council Meeting, Agenda Item #5: Appointment of Interim City Attorney
Date:Sunday, December 14, 2025 5:14:51 PM
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
DECEMBER 15, 2025 CITY COUNCIL
AGENDA ITEM #5: APPOINTING CAIO ARELLANO AS INTERIM CITYATTORNEY
I urge you to remove this item from your Consent Agenda andrefer the item of appointment of an Interim City Attorney tothe Council Appointed Officers (CAO) Committee.
Neither the Human Resources Director who reports to the CityManager, or Council Member Greer Stone who happens to be Chairof the Council CAO Committee have been authorized by the CityCouncil or the CAO Committee to recommend the appointment of anInterim City Attorney.
The "City Council Procedures and Protocols Handbook" says "TheCAO Committee meets on an as-needed basis schedule to addressissues that Council has referred to the Committee related toCouncil's four direct appointees: the City Manager, CityAttorney, City Clerk and City Auditor."
For example, the Council referred to the CAO Committee thesubject of recruitment for a new City Attorney, and the CAOCommittee delegated to the CAO Chair the task of determiningthe interview process for that position.
The City Council has never referred the subject of Appointingan Interim City Attorney to the CAO Committee, so thatCommittee could not authorize the Committee Chair to act for iton that subject.
For example, after former City Attorney Ariel Calonne announcedhis decision to leave, the City Council on August 4, 2003 metin Closed Session to consider Public Employee PerformanceEvaluation of the four CAOs including Calonne, and also toconsider the Public Employee Appointment of an Interim CityAttorney.
When that Closed Session ended, Mayor Dena Mossar announcedthat "the Council voted unanimously that upon resignation ofthe City Attorney, to appoint Wynne Furth as the Interim CityAttorney, and the Mayor to appoint two or more Council Membersto negotiate with Wynee Furth the terms of her contract."
Until such time as the CAO Committee makes a recommendationabout the appointment of an Interim City Attorney and the CityCouncil acts on that recommendation, the Chief Assistant CityAttorney will exercise his essential duty to "Act in theabsence of the City Attorney" as set forth in the JobDescription of the Chief Assistant City Attorney's Essential
Thank you for your consideration of these comments.
Herb Borock