CITY OF POMONA
COUNCIL REPORT
October 17, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Michael Ellis, Chief of Police
SUBJECT: AMEND THE CITY OF POMONA MASTER FEE SCHEDULE TO ADD CONCEALED CARRY WEAPON (CCW) LICENSE FEES AND APPROVE A CONTRACT WITH PERMITIUM TO ASSIST IN THE PROCESSING OF CCW APPLICATIONS RECOMMENDATION:
It is recommended that the City Council take the following actions:
Adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2022-178 – A RESOLUTION OF THE CITY OF POMONA, CALIFORNIA, APPROVING AN AMENDMENT TO THE FISCAL YEAR (FY) 2022-23 MASTER FEE SCHEDULE TO ADD CONCEALED CARRY WEAPON (CCW) LICENSE FEES Approve the sole source purchase of a web-based computer program from Permitium to assist in the processing of CCW applications, in the amount not-to-exceed $3,000 annually; and Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, subject to review and approval as to form by the City Attorney.
EXECUTIVE SUMMARY:
Action on this item will amend the City of Pomona FY 2022-23 Master Fee Schedule to add CCW license fees and will adopt a web-based computer program (Permitium) to assist with the collection of required fees and maintenance of CCW license records.
FISCAL IMPACT:
The adoption of Resolution No. 2022-178 will amend both the FY 2022-23 Master Fee Schedule (Attachment No. 2) and the FY 2022-23 Operating Budget. Revenues will be increased by an estimated $30,000 (101-2003-40297-00000) and appropriations by the annual maximum Permitium program expense of $3,000 (101-2003-52588-00000).
PUBLIC NOTICING REQUIREMENTS:
Public Notices informing the public of this Public Hearing were posted in the Daily Bulletin on September 30, 2022 and October 7, 2022 (Attachment No. 3). The Police Departments update to the FY 2022-23 Master Fee Schedule Proposed Updates report (Attachment No. 4) was made available for the public to view on October 3, 2022.
PREVIOUS RELATED ACTION:
As part of the FY 2021-22 budget preparation process, all departments citywide conducted a fee analysis resulting in the establishment of the Citywide Master Fee Schedule. On March 15, 2021, City Council introduced Ordinance No. 4301, amending Chapter 2 of the Pomona City Code allowing the establishment of a Master Fee Schedule. Ordinance No. 4301 was officially adopted by Council on April 5, 2021. Resolution No. 2021-08, also adopted on April 5, 2021, established the citywide Master Fee Schedule along with approving an inflationary factor allowing the City Council to annually increase or decrease fees by resolution as deemed necessary. During the May 9, 2022 City Council meeting, Resolution No. 2022-75 was adopted, approving the annual update to the Fiscal Year (FY) 2022-23 Master Fee Schedule for services provided by the City.
DISCUSSION:
On April 14th, 2021, the Los Angeles County Sheriff’s Department (LASD) allowed residents of the City of Pomona to submit their Concealed Carry Weapon (CCW) application directly to the LASD headquarters or any Sheriff’s Station without first requiring them to apply with the Chief of Police and the receipt of a denial letter.
On June 23rd, 2022, the Supreme Court of the United States (SCOTUS) ruled in New York State Rifle & Pistol Association, Inc., Et al. v. Bruen, Superintendent of New York State Police, Et al. that New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents citizens with essential self-defense needs and their right to bear arms. Similarly, California requires CCW applicants to show good-cause and this decision likely renders it unconstitutional.
Consequently, LASD expects a large influx of CCW applications and any unnecessary delays would violate the SCOTUS decision, and more specifically the constitutional rights of the City of Pomona residents. Therefore, to comply with the SCOTUS decision, LASD has requested the City of Pomona to process all CCW applications for Pomona residents, effective August 1, 2022.
California legislation regulates the process for accepting CCW applications and issuing CCW licenses. The Pomona Police Department maintains Lexipol Policy 208 – License to Carry a Firearm – that reflects current State law (Attachment No. 5). In addition, this policy outlines the Department’s administrative procedures for processing CCW applications.
The City of Pomona will utilize Permitium (web-based computer program) to help automate the CCW application process – which includes the collection of required fees. Many agencies throughout California are utilizing this computer program. The software is an all in one system that allows for applicant input, payment processing, application review and document storage. City Code 2-994 require sole source purchases to be approved by City Council. The Purchasing Agent, has reviewed a letter submitted by Permitium and concurs with the sole source justification.
Pursuant to California Government Code §66000 et seq., and California Penal Code §26190(b)(1), the licensing authority (City of Pomona) shall charge an additional fee in an amount equal to the reasonable costs for processing CCW license applications, issuing the license, and enforcing the license. The Pomona Police Department staff assessed the time and materials that would be required to provide this service and subsequently developed the proposed fee schedule shown below:
The fee increases in the action herein will go into effect 60 days after adoption. The next annual Public Hearing to increase or change any of the user fees would come before the City Council in May 2023 to incorporate in the FY 2023-24 Preliminary Operating Budget.
On September 20, 2022 the Police Department presented this topic to the Police Oversight Commission. The presentation (Attachment No. 6) discussed the history and current state of CCW licensing in Los Angeles County. The Police Department’s proposed application, review, and approval process was presented and the Commission had no recommended changes.
Prepared by:
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Maxwell Moya
Police Corporal
And
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Shar Perez
Revenue Operations Manager
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2022-178
Attachment No. 2 – Resolution No. 2022-178_Exhibit A - FY 2022-23 Master Fee Schedule (Updated) Attachment No. 3 – Public Hearing Notice Publication
Attachment No. 4 – FY 2022-23 Master Fee Schedule Proposed Updates Attachment No. 5 – Policy 208, License to Carry Firearm Attachment No. 6 – CCW Presentation
Concealed Carry Weapon (CCW) License Fees