Admin Order 58-22-19 -- Temp. Closure of Trainsong Park (Portion)

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ADMINISTRATIVE ORDER NO.58-22-19 of the Executive Director of the Public Works Department TEMPORARY CLOSURE OF A PORTION OF TRAINSONG PARK;AND REPEALING ADMINISTRATIVE ORDER NO.58-22-13. The Executive Director of the Public Works Department finds that: A.Pursuant to the authority of Administrative Order No.21-03-12 issued by the City Manager,the Executive Director of the Public Works Department is authorized to regulate City parks and to protect park visitors and the park environment. Section 1 .003 of the Parks and Open Space Rules authorizes the temporary closure of all or any portion of a park,open space,or facility "upon finding that conditions that threaten the welfare or safety of nearby residents exist,and the need to preserve their welfare and safety outweighs the public's right of access to the park." B. Trainsong Park ("the Park")is composed of approximately 5 acres of park land, with ball facilities,a skate park,a playground,and walking trails,accessible to the public at 2775 Edison Street. C. On January 12,2022,the Oregon Department of Environmental Quality ("DEQ") alerted City officials to environmental concerns stemming from contaminants found by DEQ in its analysis of soil samples from Trainsong Park. D. Although DEQ had not yet made a conclusive determination as to the nature,scope, source,or implications of the contaminants found in the Park soil,on January 13,2022,1 signed Administrative Order No.58-22-06,temporarily closing the entire Park out of an abundance of caution regarding protection of public health. E. On February 3,2022,1 signed Administrative Order No.58-22-13 which,based on further consultation with the DEQ,reopened those portions of the Park that can be safely used because their surfaces ensure that use by the public will not disturb soil. F. G.Further testing performed throughout the Park by the DEQ shows that additional areas within the Park can be safely used by the public and both the DEQ and the Oregon Health Authority recommend reopening these parts of the Park. The public interest in using the "park closure area"shown on Exhibit A to this Administrative Order is presently outweighed by the City's desire to exercise an abundance of caution regarding protection of public health. H. Now,therefore,based on the above findings,which are hereby adopted: IT IS HEREBY ORDERED THAT: Administrative Order No.58-22-13 is repealed.1. Administrative Order -Page 1 of 2