COSTA MESA : Tape to Be Used in Amburgey Case

Former City Councilman Orville Amburgey, who may go to trial today on a misdemeanor conflict-of-interest charge, said he has obtained a taped recording of a 1987 council meeting that proves his innocence.

The criminal complaint filed against Amburgey alleges that on June 1, 1987, he voted to amend the city franchise with Copley-Colony Cablevision of Costa Mesa Inc. after his electrical firm had received more than $900 from the cable company during the preceding year.

A copy of an audiotape provided by Costa Mesa resident Ernie Feeney, who has taped meetings of the City Council and the Orange County Fair Board since 1983, shows that the council voted 5 to 0 to accept and approve a three-year evaluation of the cable company.

On the tape, City Manager Allan L. Roeder is heard telling council members that voting to accept an evaluation does not amount to an agreement on changes in the city’s cable contract, and that the city attorney’s office would issue an opinion on whether a change in the contract would require a vote.

“Acceptance of the report is simply a status report,” Roeder says on the tape. “It is not an acknowledgement or a waiver of those rights (to change the contract).”

After several minutes of discussion, Amburgey made a motion to accept and approve the review and the council then voted in favor.

Amburgey contends that the official minutes incorrectly say that the council approved changes in the ciy’s cable franchise. He also said changes in the franchise agreement were never brought before the council, but were signed by then-Mayor Peter F. Buffa two years later.

Amburgey said he gave a copy of the audiotape to the district attorney’s office two weeks ago. Deputy Dist. Atty. Roseanne Froeberg said Tuesday she was still reviewing the evidence and had not decided whether to bring the case to trial or to deliver “some other disposition of the case,” which could include dropping the charges.

Amburgey also submitted transcripts of the tape to the City Council on Monday, and again asked members to consider paying for his defense in the case. The council rejected the request 4 to 1, with Ed Glasgow voting in favor. Amburgey made the request two weeks ago, but the council delayed its decision until the evidence was turned over to Froeberg.

Amburgey, in a meeting with reporters Tuesday, also publicly criticized City Atty. Thomas Kathe and Mayor Mary Hornbuckle, saying they intentionally leaked the information about the investigation to the media six days before last November’s election. Amburgey finished fourth in the election for two city council seats.

“I believe that that is one of the prime reasons that I was defeated,” he said. A poll his campaign conducted two weeks before the election showed he was leading the race, Amburgey said.

Hornbuckle, however, disputed Amburgey’s claims that she leaked information to the media.

“The information that went to the DA was never released to council members, and it would be difficult for me to say (to the media) what to look for,” she said.

She also said her recollection of the 1987 meeting was to accept changes in the franchise agreement with Copley-Colony.

Kathe did not return phone calls Tuesday.

Amburgey said he is hopeful that the charge will be dismissed, after which he will consider his “options,” including whether to file a civil lawsuit against the city for attorney’s fees and other damages.