Letter to the editor: August 22, 2009

Last Saturday, an area newspaper ran a guest column written by Corning City Manager Kimbrough. As a fan of good works of fiction, I enjoyed reading the article.

Kimbrough says that I am mistaken, and that city has not violated the Government Code by failing to go out for competitive bids — before giving out a 25 year lease to a Fixed Base Operator, for $50 a month, which includes the administrative building, north and south hangars, and fuel and other fees. In support of this position, he sites Government Code Sections 50474 and 50478 which gives a city the right to lease out its airport. What Kimbrough conveniently left out is that both of these sections are silent on whether or not competitive bids are required.

In my opinion, Government Code Section 37380 is the governing code section, as it absolutely and unequivocally requires that a city go out for competitive bids whenever it leases out city property.

Kimbrough suggested that I don't "recognize" the value of maintaining a good Fixed Base Operator who has brought positive attention to the Corning Municipal Airport. I certainly recognize that continuity can be a good thing.

However, the state Supreme Court has ruled in at least two cases that, "We agree that the competitive bidding process is intended to assure a healthy degree of competition, to guard against discrimination, favoritism, or extravagance, and to assure the best social, environmental, and economic result for the public." (See, e.g., Kajima/Ray Wilson V. Los Angeles County Metropolitan Transportation Authority (2000); Domar Electric, Inc. v. City of Los Angeles (1994).

Concerned Citizens does not have any attorney at our beck and call like Kimbrough has, so we have to rely on our own research.

Corning City Attorney Fitzpatrick has never given a verbal or written legal opinion on this issue to the council or to the public. Why is he remaining silent?

Perhaps he is worried that if he offers an opinion supporting Kimbrough's fantasy it may come back to haunt him when regulatory authorities and other agencies have an opportunity to review his opinion?

Dean Cofer

Corning