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73 California Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagca0073 and id is 1 raw text is: ATTORNEY GENERAL'S OPINIONS Opinion No. 89-903-January 9, 1990 Requested by: DISTRICT ATTORNEY, COUNTY OF SAN MATEO Opinion by: JOHN K. VAN DE KAMP, Attorney General Anthony S. DaVigo, Deputy THE HONORABLE JAMES P. FOX, DISTRICT ATTORNEY, COUN- TY OF SAN MATEO, has requested an opinion on the following question: Would the adoption by the Midpeninsula Regional Open Space District of a resolution listing all parcels of real property larger than twenty acres within its planning area as the potential subject of negotiation for purchase satisfy the disclosure prerequisite for a closed session regarding the purchase of any one or more of such parcels? CONCLUSION The adoption by the Midpeninsula Regional Open Space District of a resolution listing all parcels of real property larger than twenty acres within its planning area as the potential subject of negotiation for purchase would not satisfy the disclosure prerequisite for a closed session regarding the purchase of any one or more of such parcels. ANALYSIS A regional open space district is a public agency created pursuant to law (§§ 5500, 5501)1, and governed by a legislative body consisting of a board of directors (§§ 5527, 5537). A district is comprised of contiguous territory of three or more cities, or of one or more cities having a combined population of 50,000. A district may operate and maintain a system of public parks and open space preserves for public recreation, use, and enjoyment, and for such purposes may select, designate, and acquire land. (§ 5541.) A district may acquire the land by grant, purchase, or condemnation. (§§ 5540,5542,5544.2.) The Midpeninsula Regional Open Space District was created in 1972, consisting of a precisely defined 330 square mile area south of San Francisco and northwest of San Jose. More than 30,000 acres of large, undeveloped or sparsely developed parcels of foothill and bayland open space adjacent to urbanized areas have been acquired. The Midpeninsula board of directors conducts a meeting twice monthly, in each of which a closed session is held. In each such closed session, a prescheduled list of one to five specific parcels is considered for purchase. The district has prepared a list, updated annually, 1 Unidentified statutory section references herein are to the Public Resources Code, unless otherwise noted. January 1990

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