BILL NUMBER: AB 2752 VETOED DATE: 09/25/2000 SEP 25 2000 To Members of the California Assembly: I am returning Assembly Bill 2752 without my signature. This bill would nullify a countywide vote which amended the San Diego County General Plan ad Zoning Ordinance and designated Gregory Canyon as a landfill, site. Specifically, this bill would grant jurisdiction to the Native American Heritage Commission over a proposed landfill within one mile of a sacred site of importance to a tribe. The legislation presently affects on site, Gregory Canyon, which is in private ownership. While I am sensitive to the concerns raised by the tribe in this case, I am also sensitive to the fact that San Diego County voters approved the siting of this landfill, as Proposition C, by a 68% county-wide vote in 1994. In no Senate or Assembly district did the measure receive less than 60% support from voters. The Trial Court and 4th District Court of Appeals upheld Proposition C in 1997. In the same year the State Supreme Court denied a petition for review. The proposed landfill will be subjected to an extensive EIR/EIS process which includes review by the State Water Quality Control Board, the San Diego Water Authority, and nine other Federal, State, and local agencies. Project opponents may have some valid concerns, but they will have ample opportunity to have their concerns addressed during the current Environmental Review process. I am a firm believer in following an established process. Landfill proponents placed an initiative before the voters of San Diego County nearly 6 years ago. The voters responded with more than two thirds supporting the designation of Gregory Canyon as a landfill site. The courts have refused to nullify that decision. I am loath to overturn a vote of the electorate and the decision of two courts of law. Sincerely, GRAY DAVIS