Members of the Dana Point City Council consider a citywide smoing ban at Tuesday’s city council meeting in Dana Point on Tuesday, December 5, 2017. (Photo by Paul Rodriguez, Orange County Register/SCNG)

Dana Point Mayor Debra Lewis conducts the city council meeting in which a citywide smoking ban is being considered in Dana Point on Tuesday, December 5, 2017. (Photo by Paul Rodriguez, Orange County Register/SCNG)

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Dana Poing residents attend a city council meeting where a citywide smoking ban is being considered in Dana Point on Tuesday, December 5, 2017. (Photo by Paul Rodriguez, Orange County Register/SCNG)

Dana Point City Council Member Joseph Muller listens during a city council meeting in which a citywide smoking ban is being considered in Dana Point on Tuesday, December 5, 2017. (Photo by Paul Rodriguez, Orange County Register/SCNG)



DANA POINT A vote to make Dana Point the second city in Orange County — after Laguna Beach — to ban smoking in all public places drew praise from a majority of residents but left some council members with questions.

The vote passed 3-1 Tuesday, Dec. 5, with an abstention by City Councilman Joe Muller and a no vote from Councilman Rick Viczorek.

“It passed its first hurdle,” said Mayor Debra Lewis. “I’m cautiously optimistic.”

Lewis first brought up the concept in May and put it on the agenda for discussion on Oct. 3 after a community survey showed that three out of four residents polled across all demographic groups supported a citywide ban.

The discussion was postponed following a request by council members Muller and Viczorek, who asked for additional information about enforcement and possible impacts to the city’s businesses, including restaurants and hotels.

“Will we give restaurants a place for people to smoke?” Muller asked Tuesday, noting that some of the information he requested in October was not in the city’s staff report.

“Is there something we can do to mitigate the economic impact. There are contradictions in the ordinance. I think we can get there but we need to address these, but the ordinance needs more work. There are holes that need to be addressed.”

City Manager Mark Denny said he was told by Laguna Beach City Manager John Pietig that there had been “no measurable economic impact” from the ordinance.

See also: Want to snuff out a neighbor’s secondhand smoke? Here are 5 things to know

The ban, which will come back for final approval at the Jan. 16 meeting, follows the same language used by Laguna Beach and several cities in Los Angeles County, including Manhattan Beach and Hermosa Beach.

As with Laguna Beach’s ban passed in July, Dana Point’s bans smoking on all public sidewalks, alleys and parking lots. Smoking was banned at all Dana Point city parks in March 2010.

More than a dozen people from the community spoke in support of the ban. One local business owner opposed it.

“There aren’t many smokers in Dana Point,” said Cindy Monroe, who owns Luxe Restaurant and Martini Bar on Del Prado. “My customers are mindful and I have an ashtray outside. I have a lot of European tourists and it would be very confusing to them.”

Others like Carol Kelly praised Lewis for her work on the ordinance.

“I’m so happy the city did the research,” she said. “There should be no smoking in Dana Point. Let’s be a leader.”

However, questions remained as to what would happen at private properties. Lewis suggested the ordinance would not ban smoking on private property. But City Attorney Patrick Munoz confirmed during the meeting that the ordinance as written does apply to all businesses.

“The ordinance is broader than state law and applies to outdoor area at bars, tobacco shops and cigar bars and at small businesses otherwise exempt from state law prohibition,” Munoz said.

While Lewis said she had confirmation that the city’s four major resorts support the ban, Muller asked why there was no written correspondence from them in the agenda report. He suggested that buy-in may be because the resorts are allowed to designate special smoking areas on their private property, noting that restaurants in town wouldn’t have that option.

In other council business, the council did a reorganization at the end of the meeting. New Mayor Rick Viczorek and Mayor Pro Tem Joe Muller will lead the council for the next year. Outgoing Mayor Debra Lewis, now a council member, was presented a plaque by the city and several commendations from county and state representatives.