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<br />those prescribed by the State Speed Control Board. The city has authority to enforce <br />a different set of penalties than those prescribed by the Legislature. Al Williams, <br />traffic engineer, said enforcement was not under his jurisdiction, that it was a ~ <br />"gray area" in the state law. He said it was not clear what would happen if the . <br />State Speed Control Board determined a posted speed should be 35 mph and the local <br />jurisdiction chooses not to post that speed. He speculated that the issue probably <br />would go to court. He was certain citations would not be upheld in court if at- <br />torneys for violators found there were no signs posted for the speeds set by the <br />Board. He added that the Board in the past, he felt, had set speeds about 5 mph too <br />high when there was disagreement with city staff recommendations. However, in the <br />last year or so, the Board seemed to be zoning more conservatively. <br /> <br />Traffic Engineer explained the procedure for setting speed zones on a statewide basis <br />by the Speed Control Board, primarily to avoid local speed traps. Also, the way en- <br />forcement was handled by the police department. He thought a middle-of-the-road <br />approach was about the only way to handle posted speeds, since it appeared impossible <br />to satisfy with the same limits those receiving citations and those living on the <br />streets on which speeds were posted. Signs posting limits could be removed, he said, <br />and it would not materially change what was occurring. In reality, he said, signing <br />was only there for enforcement purposes. What the traffic department was really <br />striving for was a reasonable speed based on all factors involved in a given situation. <br /> <br />Councilman Keller asked how staff would feel about the legality of posting a speed on <br />staff recommendation higher than that set by the State Board. Traffic Engineer thought <br />that would be a "gray area." If a speed was ordered posted by the Board and was not <br />posted by the local agency, a court decision would probably be required to determine <br />whether a speed zone existed in that particular location. <br /> <br />Councilman Hamel thought a 35 mph zone in the Willamette Street area was too fast, ... <br />considering the terrain in that area and the number of people, both adults and ..,. <br />children, crossing the street to mail and paper boxes. The same was true of City <br />View, he said, and increasing the speed would not help the situation. All of <br /> <br />. . Tape II <br />CouncIlman Bradley suggested that the CouncIl support the status quo, or follow <br />recommendations for decreasing speeds. He expressed concern about recommendations <br />before the Council that catered to autos and drivers. He thought the issue either <br />should be tabled or action taken not to increase any of the speed zones presented. <br /> <br />Traffic Engeiner asked for direction, whether to ignore the State Speed Control <br />Board's recommendations or respond with alternate recommendations. He noted that <br />investigations were made by the traffic department when complaints received were de- <br />termined valid, after which they were forwarded to the Control Board. He also noted <br />the obvious imbalance on a citywide basis. When there were a number of citations <br />in one area, he said, it was mostly because of unreasonable posting. <br /> <br />Councilwoman Shirey commented that the message appeared to be that the people of <br />Eugene didn't want to accommodate those higher speeds. <br /> <br />Mrs. Shirey moved second by Mr. Hamel to recommend retaining existing <br />posted speeds on the streets in question (see list in committee minutes <br />above 9/3/75). <br /> <br />Councilwoman Beal wondered why this issue was coming to the Council when the final <br />authority rested with the State Board. She wondered if the City Manager, as the <br />staff person with the most authority, could present the Council's point of view so ~ <br />that it might have some effect on the Boardls deliberations. Traffic Engineer noted . <br />discussions held with the Council earlier irt the year with regard to the process <br />followed in presenting staff recommendations to the State Board and the list of <br />streets on which speed zone investigations had been made and limits recommended at <br /> <br />9/8/75-14 <br />502- <br />