The Danville Town Council is set to debate a proposed local ordinance Tuesday to institute new restrictions on marijuana-related activities in town, in the wake of California voters approving an initiative to legalize marijuana for recreational use last month.
The ordinance as recommended by the Planning Commission would ban outdoor cultivation, marijuana dispensaries and processing activities, but it would allow for marijuana delivery and indoor cultivation in ways consistent with Proposition 64 provisions, city attorney Robert Ewing said in his staff report to the council.
State voters approved Prop 64 -- the Adult Use of Marijuana Act -- on Nov. 8 with 57.1% support, legalizing the use and possession of recreational marijuana for adults 21 years of age and older and directing the creation of a state regulatory system for the sale, cultivation and processing of marijuana and related products.
Prop 64 allows cities to regulate sales, delivery, processing and commercial growing, but the state law largely preempts local regulation of personal cultivation, Ewing said.
As proposed, Danville's ordinance would prohibit outdoor marijuana growing within the town limits while allowing indoor cultivation for personal use of up to six plants in a home or accessory structure that must be locked with the plants not visible from public places.
Town staff had recommended extending Danville's existing bans on medical marijuana dispensary, delivery and processing activities to include non-medical marijuana after Prop 64, but the Planning Commission last month unanimously supported eliminating the ban on deliveries.
Ewing said if the council members wanted to endorse delivery, the best options would be to allow delivery by an entity with a state-issued license or to allow delivery only to people with a valid medical marijuana card.
The Town Council is set to review the recommended ordinance and consider any possible changes before voting on whether to introduce the ordinance Tuesday night and advance it for final consideration at an upcoming future meeting.
The council meeting is scheduled to start at 7:30 p.m. Tuesday inside the Town Meeting Hall, 201 Front St.
In other business
* The council will consider supporting increased garbage rates for next year and directing the Central Contra Costa Solid Waste Authority (known as RecycleSmart) -- the regional joint powers authority the town belongs to for solid waste services -- to implement the council-recommended rate structure.
Nat Rojanasathira, assistant to the town manager, said a 2.78% rate increase is recommended for 2017 to cover current delivery costs and build sufficient reserves.
Monthly single-family residential service would increase between 67 cents and $1.87 depending on service plan, commercial costs will rise $4.20 for 1-cubic-yard service and $8.39 for 2-cubic-yard service, and the 20-cubic-yard debris box pickup will go up $19.87, under the rate proposal.
For the typical Danville residential ratepayer, with 32-gallon bin service, the new price would be $27.45 per month. For other RecycleSmart members, rates are forecast to increase up to 7.5% next year, Rojanasathira said.
The new Danville rates are expected to generate about $9.28 million overall.
RecycleSmart is a joint powers authority formed among Danville, Lafayette, Moraga, Orinda, Walnut Creek and Contra Costa County. It is governed by a 12-member board comprised of representatives of the six member communities.
The RecycleSmart Board of Directors is expected to formally set the new rates in late January, and they would take effect March 1.
* The council members will discuss approving the 2017-18 recognized obligation payment schedule (ROPS) and administrative budget for the successor agency to the town's former community development agency. They will also consider adopting the last and final ROPS for the successor agency.
* The council will present a proclamation recognizing Diane Gilfether and the 25th anniversary of the Blackhawk Chorus.
* Council members will be appointed to serve on the boards of directors of RecycleSmart, County Connection and TRAFFIX. The council will also hear quarterly updates on town transportation and the Danville Arts Commission.
* The council members will consider appointing residents to serve on the town's Planning Commission, Design Review Board and Heritage Resource Commission as well as to sit as Danville's representatives on the Contra Costa County Mosquito and Vector Control District Board of Trustees and the Contra Costa County Library Commission.
The council will finish interviewing applicants for those positions earlier Tuesday, during a special meeting scheduled to start at 5:45 p.m. in the Town Meeting Hall.
Editor's note: A previous version of this story incorrectly stated the draft ordinance stipulated allowing marijuana delivery. The Planning Commission recommended the council allow delivery, but the proposed ordinance drafted by town staff did not include the commission's recommendation. DanvilleSanRamon.com regrets the error.