CITy OF SACRAMENTO. Office of the City Auditor CALIFORNIA Jorge Oseguera, City Auditor Case 321 January 14, 2015 City Manager Shirey, ‘As part of our audit of the Human Resources Department's Risk Management Division, we found that the Risk Management Division identified significant lead hazards at the James G. Mangan Rifle and Pistol Range (Gun Range) located in Mangan Park. Further inquiry by my office revealed additional issues with the Gun Range facility and users. Given the importance of these issues, we immediately brought this to the attention of the Department of Parks and Recreation, City Manager's Office, Department of General Services, and City Attorney's Office while we continued to assess the matter. Background: James G, Mangan Gun Range The City acquired the property where the park and Gun Range is currently located on in 1954 from Emma E. Rose. In 1957, the City Council named the 3-acre park located along 34” Avenue and Norman Way, James Mangan Park. In 1959, City Council approved the construction of the Gun Range. The park currently includes a pool, archery area, playground, soccer fields and gun range. Mangan Gun Range users The City has issued Facility Use Permits for the Gun Range to seven user groups. The Parks Department uses a Facility Use Permit to authorize use for many of the facilities located in City parks including the Gun Range. Additionally, the Department of Parks and Recreation requires each user group to provide evidence of $2 million of insurance coverage. Five of the seven groups pay to use the facility on an hourly basis. The remaining two groups operate the Gun Range'’s public use hours and collect a fee on behalf of the City. These groups include: Pay by Hour: 1. All Phase Security, Inc.; 2. Brinks, Inc.; 3. Los Rios Community College District; 4. California Security Training Academy; 5. Universal Security Academy; Collect Fee on Behalf of the City 6. United Revolver Club of Sacramento (URC); and, 7. Capitol Rod and Rifle Shooting Club (CAPROD).. HISTORIC CITY HALL - 2Nb FLOOR 918 ISIREET. SACRAMENTO. CA 98814 PH 916-808-7270 * FAX 916-408-1319 + EMAIL ~ jasegucrecityotseramento oreStandards for operating a gun range The United States Department of Labor Occupational Safety and Health Administration (OSHA) is charged with protecting employee health and safety in the workplace. OSHA has a comprehensive lead regulation defining the legal responsibilities to limit employee exposure to lead, provide protective equipment and hygiene facilities, maintain a clean workplace, and provide employees with safety training and medical care. For example, the regulation states that “the employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air averaged over an 8-hour period’. Further, the United States Department of the Navy has established some best practices for gun range policies and procedures. This includes specific steps on how to take surface wipe samples to be used measuring the lead level. Finding: Current Operating Arrangements for the Mangan Rifle and Pistol Range Create Concerning Issues that Must be Mitigated Lead hazard The City has known about elevated lead levels at the range for several years. The earliest testing we found showed that in 2006, lead levels throughout the facility were above the hazard threshold. In 2010, the Human Resources Department established a Lead Exposure Control Program, which included the Gun Range. This program calls for periodic collection of surface wipe samples at the Gun Range to determine the lead dust levels and procedures to mitigate and clean the lead dust. Staff from the Department of Parks and Recreation cleaned the Gun Range, but subsequent testing showed that lead levels remained high. In November 2014, a lead risk assessment’ was completed at the Gun Range to assess the lead dust levels in the building. According to the assessment, a lead hazard is defined by the amount of lead equal to or in excess of a specified number of micrograms per square foot depending on the surface. For interior floor surfaces, the level is 40 micrograms per square foot, for interior horizontal surfaces the 250 micrograms per square foot, and 400 micrograms per square foot for exterior horizontal surfaces. ‘The lead assessment found the facility exceeded these levels, in some instances by thousands of micrograms per square foot. For example, the Gun Range floor measured at 17,000 micrograms per square foot and the ceiling level surfaces measured 42,000 micrograms per square foot. tn December 2014, the City received a quotation of just over $67,000 for lead abatement services at the Gun Range. The lead abatement will attempt to bring the lead dust levels below the lead hazard thresholds, Further, the consultant who performed the lead risk assessment provided seven recommendations for immediate safeguards to mitigate potential lead hazards at the Gun Range until a complete remediation cleanup of lead hazards can be made of the entire facility. In our opinion, if the City wishes to keep the Gun Range open, all recommended safeguards should be immediately implemented. in addition, arrangements should be made to abate the lead hazard and steps should be taken to ensure the lead dust levels stay below the desired thresholds. * This assessment did not test indoor alr quality or test for soll contamination.Fees were not collected In 1992, the usage fees for groups increased to $25 per hour for the use of the meeting rooms and $30 per hour for general Gun Range use. The Department of Parks and Recreation estimated that the increased fees would generate $30,600 in annual revenue at that time. Further, the general public is charged $5 per visit for use of the Gun Range. There is an unwritten understanding that the City receives $3 of the $5 collected and the user group operating the Gun Range during public use hours is allowed to keep the remaining $2. Unfortunately, the Department of Parks and Recreation does not have record of collecting these fees until October 2014. For October and November 2014, the Parks Department collected $831 from fees for public use of the Gun Range. Given the current estimated costs of abatement and the potential ongoing costs to keep levels at an acceptable level, current fees for public use do not appear to be sufficient to cover the cost and liability of the facility, Facility Use Permits Are Inadequate The City issued Facility Use Permits to the seven user groups currently allowed to use the City’s Gun Range. The Facility Use Permits do not include key terms such as agreement to compensate the City for use, standards for recordkeeping, or safety protocols. In our opinion, given the inherent risks and complexities of safely operating a gun range, a Facilities Use Permit does not appear to be an adequate contract between the City and facility users. Like the City of Sacramento, the City of San Jose also has a public gun range the is operated by a rifle club. The rifle club is allowed to operate the range through a formal contract with the City. This contract is much more detailed than the City of Sacramento's facility use permits and includes sections on safety, revenue collection, recordkeeping, and building maintenance. Further, the contract has attachments ‘which outline the range operational and safety rules, range hours, special events, and the waiver agreement to be signed by all visitors. Ifthe City of Sacramento would lke this facility to continue to operate as a gun range, the City should create a detailed contract. To address many of the issues previously noted, the Department of Parks and Recreation drafted an operating lease to be sole sourced with one of the current user groups. The Department believes there are not enough users groups in the Sacramento area with interest in operating the Gun Range. Given that the Gun Range currently has seven user groups, in our opinion, a competitive process should be considered to identify the best operator for the facility. Security issues During a site visit we found that the rear door to the Gun Range was only locked by a simple slide lock. The slide lock is about the diameter of a pencil, much smaller than a deadbolt type lock. Further, staff from the Department of Parks and Recreation informed us that one of the user groups brought in a gun safe and stores firearms on the premises. Given the previously identified concerns, as well as the fact that firearms are currently stored on-site, the Department of Parks and Recreation should consider taking additional steps to increase the security of the Gun Range. 3|PageRecommendations: ‘We recommend that the City Manager's Office: 1. Assess the costs associated with updating the Gun Range facility to allow for safe gun range ‘operations. This may include proper filtration of facility ventilation and exhaust, regular contamination monitoring, safety upgrades to the shooting lanes and decontamin: protocols. 2. Determine whether itis in the City's best interest to operate or lease the James G. Mangan Rifle and Pistol range. If the City decides to allow the James G. Mangan Rifle and Pistol range to continue to operate, we recommend: Arrangements be made to clean and abate the lead at the Gun Range until the measurements are below the lead hazard threshold; 4, Make necessary changes to mitigate liability issues related to gun range operations and lead contamination; 5. Establish a formal contract with the user(s) of the Gun Range; 6. Take additional steps to increase the security of the Gun Range and determine what changes are necessary to maintain safe operation of the facility. Please feel free to contact me with any questions or concerns. Thank you. Sincerely, Osseyten—_ sof Osegueta City Auditor cc sim Combs, Diecox, Department of Park and Recreation Elabeth Anderson, Operations Manager, Department of Parks and Recreation Shannon Brown, Park Maintenance Manager, Department of Parks and Recreation Reina Sehwarte, Director, Department of General Services ‘il sinc, Facies and Rel Property Superintendent, Department of Genera Services a kuca, Environmental Program Manager, Department of General Services Geri Hamby, Director, Department of Human Resources Patrick Faherty Risk Manager, Department of Human Resources Barbara Brenner, Loss Prevention Manager, epartment of Human Resources, 4|Page