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agenda-report Appointment of City Attorney and Authorization to Execute Agreement

Santa Monica City Council
March 24, 2026

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agenda-report Appointment of City Attorney and Authorization to Execute Agreement
Meeting
March 24, 2026
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Santa Monica City Council
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City Council
Report
City Council Meeting: March 24, 2026
Agenda Item: 4.M
1 of 2
To: Mayor and City Council
From: Dana Brown, Human Resources Director, Human Resources Department Subject: Appointment of City Attorney and Authorization to Execute Agreement Recommended Action
Staff recommends that Council:

1. Appoint Heidi von Tongeln as City Attorney commencing on March 22, 2026; and

2. Authorize the Mayor to execute an employment agreement with Ms. von Tongeln for her service as City Attorney.

Discussion
On September 9, 2025, Council appointed City of Santa Monica Chief Deputy City Attorney Heidi von Tongeln to serve as Interim City Attorney pending final recruitment and hiring of a permanent City Attorney. That recruitment has now been completed.

An employment agreement has been negotiated with Ms. von Tongeln for her service as City Attorney, commencing on March 22, 2026. Ms. von Tongeln worked for Santa Monica City Attorney’s Office for 13 years and served as the Chief Deputy City Attorney of the Advisory Unit since 2022.

A copy of the agreement is attached as Exhibit A. This employment agreement sets out the full terms of the compensation and benefits to be provided to Ms. von Tongeln. The agreement has a term of five years. The City will pay Ms. von Tonglen a base annual salary of $ 395,352.00.

Because she will be serving as a “local agency executive” as defined in Government Code Section 3511.1(d), California law requires that Ms. von Tongeln’s pay be 2 of 2
approved at a regular meeting, with an oral summary provided before final action is taken. See Government Code Sections 54953(d)(3), 54956(b).

Environmental Review
Pursuant to CEQA Section 21065, the employment agreement for Mr. Chi’s service does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include administrative activities of governments that will not result in direct or indirect physical changes in the environment. Therefore, the employment agreement is not subject to CEQA. Additionally, the agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement is administrative in nature. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
Salary and benefits for the City Attorney position are included in the FY 2025-26 Budget.

Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council
Attachments:

A. Heidi von Tongeln City Attorney Employment Contract 031226

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