TUSTIN : New Council’s First Matter Is Old News

For months, the four-member Tustin City Council bickered and argued, deadlocking on issues ranging from approving meeting minutes to banning news racks.

With only four members on the City Council, longtime minority Councilmen John Kelly and Earl J. Prescott were able to block measures they opposed.

But now three new council members have been seated, Prescott has lost his ally, and two of the controversial issues are scheduled to be resurrected. Tonight, the council will vote on regulating news racks.

The city has had a ban on news racks on public rights of way since 1973, but it was not enforced until August, when Prescott discovered two racks selling adult publications with sexually explicit photos. Enforcement of the ban was suspended while the council considered various options for regulating the racks.

In December, the council deadlocked on the measure before it now--requiring permits for all racks on public rights of way and blinder racks for those containing sexually explicit materials. The ordinance would also regulate the number, size, construction, placement and appearance of racks.

The council also will consider establishing fees for developers who build in designated areas along the Santa Ana-Tustin border. Prescott and Kelly opposed the fees, which will be used for street improvements, calling them a tax. But other city officials have said they are necessary to fight traffic.