Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 15, 2007 AT THE CITY HALL

Present:

Hon. Cynthia G. Cajudo- - - City Vice-Mayor & Presiding Officer

Hon. Gina G. Perez - - - City Councilor

Hon. John Carlos G. Delos Reyes- - “ “

Hon. Rodel S. Cerezo- - - “ “

Hon. Marey Beth D. Marzan - - “ “

Hon. Sarah Lugerna Lipumano–Garcia - “ “

Hon. Edwin J. Piano - - - “ “

Hon. Angelito W. Baloy - - - “ “

Hon. Aquilino Y. Cortez, Jr.- - “ “

Hon. Anselmo A. Aquino- - - “ “

Hon. Elena C. Dabu- - - “ “

Absent:

Hon. Carlito A. Baloy- - - President, Liga ng mga Barangay

Hon. Robine Rose C. Buenafe - SK Federation President

(Sick Leave)

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:10 in the afternoon.

Roll Call

With ten (10) Members and the Presiding Officer present, a quorum was declared

Reading and Adoption of Minutes

On motion of Councilor Perez, the body adopted the minutes of the regular session dated July 18, 2007.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, Councilor Rodel S. Cerezo read the items on 1st and 2nd reading, to wit:

First Reading:

1. Draft Resolution No. 2007 – R-47 – A Resolution Approving The Acquisition Of A Dredging Machine For The Use Of Regular Desilting/Dredging And Maintenance Of All Rivers In The City. Sponsored By Councilors Anselmo A. Aquino, Edwin J. Piano And Rodel S. Cerezo (Referred to the Committees on Engineering and Public Works)

2. Draft Resolution No. 2007 – R-48 – A Resolution Creating The Cooperative Development Councils, Pursuant To Article 2 Of The Cooperative Code Of The Philippines And Executive Order No. 95, Series Of 1993, And Adopting The Guidelines Thereof For Its Formation Under The Aegis Of The Cooperative Development Authority. Sponsored By Councilor Elena C. Dabu (Referred to the Committees on Cooperatives and Laws)

3. Draft Resolution No. 2007 – R-49 – A Resolution Authorizing The Honorable City Mayor To Represent The City Of Olongapo And Enter Into A Contract With Subic Bay Metropolitan Authority And Other Documents Related Thereto Such As, But Not Limited To, Donation Of Garbage Trucks And Other Equipment, To Offer The Olongapo City Landfill To The Latter As Their Dumpsite For Their Waste Products. Sponsored By Councilors Angelito W. Baloy And Marey Beth D. Marzan (Referred to the Committees on Health, Environment and Laws)

4. Draft Ordinance No. 2007 - O-17 – An Ordinance Appropriating The Amount Of Fifty One Thousand Five Hundred Pesos (PhP51,500.00) To The Item Rewards And Other Claims Under Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored By Councilor Marey Beth D. Marzan (Referred to the Committee on Appropriations)

5. Draft Resolution No. 2007 – R-50 – A Resolution Approving The Request Of Barangay Old Cabalan To Operate Mini Fair Within Their Jurisdiction Subject To The Prescribed Guidelines Of The Sangguniang Panlungsod. Sponsored By Councilor Angelito W. Baloy (Referred to the Committee on Business)

Second Reading:

1. Draft Ordinance No. 2007- O-02 – An Ordinance Withdrawing Portions (As Described In The Attached Site Development Plan) Of The Left And Right Wing Side Of The Volunteers Park From Public Use And Declaring Them As Patrimonial Property Of The City. Sponsored By Councilors Marey Beth D. Marzan And Angelito W. Baloy

2. Draft Ordinance No 2007 – O-05 – An Ordinance Enacting The Olongapo City Investment Code Of 2007. Sponsored By Councilor Gina G. Perez

3. Draft Resolution No. 2007 – R-11 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter A Memorandum Of Agreement For And In Behalf Of The City Government Of Olongapo And Department Of Public Works And Highways Represented By Marcelina N. Ocampo, Asst. Regional Director For Maintenance And Operations. Sponsored By Councilors Elmo A. Aquino And John Carlos G. Delos Reyes

4. Draft Ordinance No. 2007 – O-07 – An Ordinance Reverting The Amount Of Forty-Two Thousand Pesos (PhP42,000.00) From The Account Wages And ADCOM Under Personnel Services To The Item Ordinary Expenses Under MOOE Of The Office Of The Sangguniang Panlungsod. Sponsored By The Majority Party

5. Draft Ordinance No. 2007 – O-09 – An Ordinance Appropriating An Additional Amount Of Three Hundred Thousand Pesos (PhP300,000.00) For The Olongapo City Skills Training Program. Sponsored By Councilors Marey Beth D. Marzan And Edwin J. Piano

6. Draft Resolution No. 2007 – R-38 – A Resolution Approving The Annual Budget Of Barangay New Cabalan, City Of Olongapo For The Calendar Year 2007. Sponsored By Councilor Edwin J. Piano

7. Draft Resolution No. 2007 – R-39 – A Resolution Superseding Resolution No. 77 And No. 78., Pertaining To The Commendation Of Councilor Noel Atienza And Vice-Mayor Rolen Paulino. Sponsored By The Majority Party

8. Draft Resolution No. 2007 – R-40 – A Resolution Urging The Barangay Council Of Different Barangays In Olongapo City To Establish A Free Computer Training In Their Respective Barangay. Sponsored By Councilor Rodel S. Cerezo

9. Draft Resolution No. 2007 – R-43 – A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With The Department Of The Interior And Local Government (DILG) Through The Bureau Of Local Government Development (BLGD) Regarding The Community Based Monitoring System (CBMS).

Sponsored By Councilor Edwin J. Piano

10. Draft Ordinance No. 2007 – O-13 – An Ordinance Appropriating The Amount Of Nine Million Four Hundred Fourteen Thousand Pesos (PhP9,414,000.00) To The Item Office Equipment, Office Supplies, Representation And Other Expenses Of The Office Of The City Mayor Under The Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored By Councilor Marey Beth D. Marzan

11. Draft Ordinance No. 2007 – O-15 – An Ordinance Adopting The Olongapo City Ecological Solid Waste Management Plan For 2007-2011. Sponsored By Councilors Angelito W. Baloy and Aquilino Y. Cortez

12. Draft Resolution No. 2007 – R-45 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines (DBP) In The Principal Amount Of Pesos One Hundred Forty Four Million (PhP144,000,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto. Sponsored By Councilor Marey Beth D. Marzan

13. Draft Resolution No. 2007 – R-46 – A Resolution Authorizing The City Mayor To Enter Into Memorandum Of Agreement With The Department Of The Interior And Local Government (DILG) Through The Bureau Of Local Government Development (BLGD) Regarding The Legislative Tracking And Performance Monitoring System Project. Sponsored By Councilor Edwin J. Piano

In addition to the agenda, Councilor Marzan moved for the inclusion for first reading, "A Resolution Recognizing Mrs. Mary Ng For Her Invaluable Contributions By Donating A Two-Classroom School Building To Iram II Elementary School In Sitio Mampueng”, “A Resolution Recognizing The Invaluable Contributions Of Mrs. Editha Go-Ng For Her Donation Of A Two-Classroom School Building To Old Cabalan Elementary School”, “A Resolution Recognizing Mr. Eduardo Uy For His Invaluable Contributions By Donating A Two-Classroom School Building To Iram Elementary School” and “A Resolution Commending Mr. John K. Tan, President Of The Federation Of Filipino-Chinese Chambers Of Commerce & Industry, Inc. For His Acts Of Goodwill And Kindness Through His Contributions In The Field Of Education In Olongapo City” which was also properly turned-over to the city.

Councilor Perez, also moved to be included on the first reading “An Ordinance Appropriating the Amount of Fifty Thousand Pesos (PhP50,000.00) For The Team Building/Lakbay Aral of Sangguniang Panlungsod Members and Staff.

Lastly, Councilor Gie Baloy, moved to include “A Resolution Commending Dr. Maria Socorro M. Francisco Of The City Health Office For 18 Years Of Invaluable Service And Contribution To The City Of Olongapo”

There was a question raised by Councilor delos Reyes as to the need for urgency of these inclusions in the first reading.

Councilor Marzan explained that the schedule of the turn-over of classrooms on Saturday was set by the donors in coordination with the Office of Senator Gordon.

While Councilor Perez said that the appropriation of PhP50,000.00 which is going to be used in the Team Building/Lakbay Aral is scheduled on the 24th, 25th and 26th and the cash advance is going to be processed.

As for Councilor Gie Baloy, he explained that Dra. Francisco’s services will end on August 17, 2007

Hearing no other observations, on motion of Councilor Cerezo, the body approved the Day’s Agenda as amended.

Communications and Referrals of Business

Communications Read:

1. Letter from Eliseo P. de Guzman, CESO V, City Director, Department of the Interior And Local Government, Olongapo City to Hon. John Carlos G. delos Reyes, City Councilor regarding his comments on the administrative case filed against Punong Barangays Alejandro S. Ubungen and Rolando S. Alba of barangays New Cabalan and Old Cabalan, respectively. (For information and guidance)

2. Letter from Randino A. Ledesma, Community Development Assistant I, Officer-In-Charge, Urban Basic Services Programme, Office of the City Mayor for Hon. City Vice-Mayor Cynthia G. Cajudo, requesting for two weeks extension of submission of application in response to the Notice of Call For Accreditation. (Referred to the ADHOC Committee on Accreditation)

3. Memorandum from Ireneo N. Cornelio, Asst. Market Superintendent, OIC, Olongapo City Public Market regarding Comparative Monthly Statement of Income for the Months July 2006 and July 2007: For the Olongapo City Public Market increased of PhP73,259.65, City Abattoir increased of PhP2,742.00 and the James L. Gordon Avenue Market & Mall decreased of PhP13,055.00. (Referred to the Committee on Markets and Slaughterhouse)

4. Copy of a letter from Councilor John Carlos G. delos Reyes to Atty. Jose C. Sison, Columnist, Philippine Star, thanking him for his providential article concerning burning issues so vital to our country's integrity as one of the few if not the only nation categorically renouncing abortion. (For information and guidance, copy to everyone)

5. Letter – request from the City Mayor to consider an Ordinance appropriating the amount of PhP51,500.00 to the item Rewards and Other Claims under Maintenance & Other Operating Expenses of the Office of the City Mayor as per letter of Hon. Marey Beth D. Marzan, dated 3 August 2007. (Referred to the Committee on Appropriations)

6. Another Letter from the City Mayor James Gordon, Jr. to the Hon. City Vice-Mayor and Members of this body requesting the Sangguniang Panlungsod to consider an Ordinance to effect the abolition of the position of Executive Assistant III, Item No. 12, Salary Grade 20, and in its stead create the position of Executive Assistant II, Salary Grade 17 with a salary rate of PhP179,328 per annum. (Referred to the Committee on Organizational Development and Personnel Matters)

7. Letters from Hon. Santiago L. Columbrites, and Hon. Zosimo A. Cabiling, for Hon. City Vice-Mayor Cynthia G. Cajudo, requesting a copy of the "Decision" of the Sangguniang Panglungsod, concerning the entitled case No. 12-09-25-06, Montevirgen - vs - Alejandro S. Ubungen and Administrative Case No. 06-12-06, Cabiling vs. Rolando Alba, Sr. (Referred to the Committee as a Whole)

8. Memorandum from the City Vice-Mayor Cynthia G. Cajudo to All City Councilors & Staff & Council Employees informing that Council Van Plate No. SGR 552 is under repair. However, if there’s an official need to use a service vehicle, SFT 806 Toyota Van is available upon request at her office. (For information and guidance)

9. Letter from Councilor Marey Beth D. Marzan, Chairman, Committee on Finance and Appropriations, Vice-Chair, Committee on Rules and Regulations addressed to Hon. Gina Perez, City Councilor regarding Proposed Investment Code. (For information and guidance)

10. First Endorsement from the City Mayor to Hon. Cynthia G. Cajudo, City Vice-Mayor & Presiding Officer and Members of the Sangguniang Panlungsod, copy of the Barangay Resolution No. 6, Series of 2007 of Old Cabalan requesting permit from the City Mayor to hold a Mini-Fair at Brgy. Old Cabalan from August to September 2007 in celebration of their barangay Fiesta. (Referred to the Committees on Business and Barangay Affairs)

11. Memorandum from Councilor Angelito W. Baloy and Alee L. Ting, Administrative Assistant V for Hon. Cynthia G. Cajudo, City Vice-Mayor regarding the Ocular Inspection Of Prospective Venues In Line With The Forthcoming 3-Day Team Building Activity Of This Office From August 24-26, 2007. (For information and guidance)

12. Follow – up Letter from Ramil A. Mamon, Proprietor, Mn'AGE Transport Services, 1672-B Waterdam Road, Sta. Rita, Olongapo City for Hon. City Vice-Mayor Cynthia G. Cajudo regarding the City Mall Parking Slot. (Referred to the Committees on Business and Ways and Means)

13. Memorandum from Jose M. Ramos, Head, Office of Traffic Management and Public Safety for Hon. Cynthia G. Cajudo, City Vice Mayor concerning the petition letter from the residents of Elane Street, Barangay Asinan on the traffic congestion particularly between 6th St. and 10th St., respectively, and Mr. Ramos is recommending that City Ordinance No. 87 - A, Series of 2005, entitled “An Ordinance Declaring Certain Street in the City as One Way, No, Parking, and Tow Away Zone” and proposed route of J – 02 be implemented. (Referred to the Committees on Transportation and Traffic Management)

14. Letter from Mario Dormido, President, Full Gospel Business Men's Fellowship International (Philippines) Inc. (National Office) to Hon. Cynthia G. Cajudo, Vice Mayor inviting her together with the City Councilors, Department Heads and Barangay Officials to a Dinner Fellowship on August 18, 2007, 6:00 P.M., FGBMFI-Olongapo Chapter. (For information and guidance)

15. Copy of the Letter of Thanks from Regie Pablo to the City Mayor. He is volunteering to assess the city’s existing natural forest and river systems and also mentioned some proposals and suggestions. (For information and guidance)

16. Very Urgent Memorandum from Pio Jose S. Joson, Executive Director, Commission on Elections, Intramuros, Manila to All Regional Election Directors, All Provincial Election Supervisors, All Election Officers, and This Commission regarding the two Comelec Resolutions in connection with the 29 October 2007 Barangay and Sangguniang Kabataan Elections, as follows:

1. Comelec Resolution No. 8264 promulgated 08 August 2007, entitled: "Calendar Of Activities And Periods Of Certain Prohibited Acts In Connection With The Synchronized Elections Of Barangay And Sangguniang Kabataan Officials On October 29, 2007",

and

2. Comelec Resolution No. 8265 promulgated on 08 August 2007, entitled: Prohibition On Barangay Officials To Be Appointed As Member Of The Board Of Election Inspectors Or As Official Watcher Of Each Major Duly Registered Political Party Or Any Socio-Civic, Religious, Professional Or Any Similar Organization Of Which They Are Members In Connection With The October 29, 2007 Synchronized Barangay And SK Elections".

(Copy to all City Councilors and for information and guidance)

17. Memorandum from the City Vice Mayor Cynthia G. Cajudo to All City Councilors regarding official photograph of the City officials on August 22, 2007, 2 P.M. Ladies’ Attire - Blazer Business Attire, and for Men, Suit with tie. (For information)

18. Letter from Councilor Angelito W. Baloy for the City Mayor James "Bong" Gordon, Jr. requesting for an assistance in the temporary obtainment and free use of the SBMA Double-Decked Tour Bus for the whole duration of the three (3) day, August 24 – 26, 2007 Team Building activity of the City Council to be held in Calamba, Laguna. (For information and guidance)

19. Copy of the Letter from Nonato B. Brillo, addressed to Hon. City Mayor seeking his blessing and support for his candidacy as Barangay Kagawad of Gordon Heights this coming Barangay and SK election on October 29, 2007. (For information and guidance)

20. Copy of the Letter from Councilor Jong Cortez addressed to the City Mayor, attn: Mr. Jose Ramos, Head, Office of the Traffic Management & Public Safety regarding the Flag Ceremony at the Rizal Triangle every Monday morning. (For information and guidance)

21. First Endorsement from the City Mayor to this Body Draft Resolution Authorizing Him To Represent The City Of Olongapo And Enter Into A Contract With Subic Bay Metropolitan Authority And Other Documents related Thereto Such As, But Not Limited To, Donation Of Garbage Trucks And Other Equipment, To Offer The Olongapo City Landfill To The Latter As Their Dumpsite For Their Waste Products. (Referred to the Committees on Laws, Environment and Health)

22. Letter from Councilor Jong Cortez, Chair, Committee on Environment Protection, Lands, Housing & Zoning to All Honorable Councilors regarding the proposed City Ordinance entitled," Olongapo City Solid Waste Management Plan For 2007-2011" and informing the members of this Council that he requested the proponents of the Integrated Solid Waste Management System for 2007 – 2011 and some resource persons to be present at today’s regular session. (Referred to the Committees on Laws, Health and Environment)

23. Copy of the Calamity Report of Barangay West Bajac – Bajac Chairman Napoleon F. Capistrano. (For information and guidance)

24. Memorandum for the Vice Mayor and Members of the City Council from the Members of Division IV composed of Councilors Dabu, Baloy and Buenafe regarding Adm. Case No. 08 (07 – 09 – 07) Rodel E. Pedrosa vs. Brgy. Kgd. Reynaldo Gingco for Grave Abuse of Authority & Grave Misconduct. It says that they can not start with the investigation because they are barred by law for Section 62 Paragraph C of the Local Government Code expressly states that no investigation shall be held within ninety days immediately prior to any local election. (For information and guidance)

25. Report with regards to the recent calamities brought by typhoon “Dodong” that hit the City of Olongapo from Brgy. Capt. Gomercindo Sundiam, Sr. (For information and guidance)

26. From Councilor Sarah Lugerna Lipumano dated August 15, 2007 which was received by this office at around 3:25 today, for Councilor Rodel S. Cerezo, Chairman, Committee on House Rules and Privileges expressing her concern and objection to certain provisions on the Revised Internal Rules of Procedure for the Sangguniang Panlungsod of Olongapo which was temporarily adopted by way of Resolution last July 04, 2007. (For information and guidance)

27. Letter from Punong Barangay Jose R. Gonzales, Jr. of Brgy. Kalaklan addressed to the City Mayor thru the City Vice Mayor. This is a report of Kapitan Gonzales during the height of typhoon “Chedeng” on August 8, 9 and 10. Because of continuous rain and strong wind, their barangay was strucked with flashflood and landslide. (For information and guidance)

28. Letter from Punong Barangay Danilo Fernandez of Brgy. Mabayuan addressed to the City Director Eliseo P. De Guzman of DILG, Olongapo City about the following calamities that occurred in Brgy. Mabayuan when they were hit by typhoon “Dodong”:

1. Several areas especially the low – lying ones – Grace Pauline, Nieves, Leyva, Rodriguez, Rosete and Napalan Streets were flooded causing damages to properties;

2. Soil erosion at Upper Nieves Street;

3. Concrete fence collapsed at the corner of Labrador Street and Otero Avenue, owned by the Romero Family; riprap collapsed between Guanga and Teng residence at Otero Avenue, Purok 1; and also soil erosion at Upper Otero, Purok 1, caused by rush water from the mountain. (For information and guidance)

29. Letter from the City Mayor addressed to the Vice Mayor and the Members of the Sangguniang Panlungsod about the recent calamity caused by typhoon “Dodong” that brought immense damages in both government and private properties. It also caused death of Darren Bataller, an 11 year old boy from Mulawin, Old Cabalan who accidentally fell in the river when the rip – rap embankment he was standing on collapsed due flood waters. Also at the height of the typhoon, he instructed the City Administrator to closely coordinate the rescue and monitoring efforts of the various city departments and offices directly involved in such calamities. Attached to this letter is a copy of the Status Report dated August 10, 2007 which summarizes the damages caused by typhoon “Dodong. In view of this, and for the City to facilitate appropriate disaster mitigation and effective remedial measures, the City Mayor urgently requests this Body to pass a Resolution declaring a State of Calamity in the City of Olongapo due to the damages caused by typhoon “Dodong”.

The matter was referred by the Chair to the Committee on Social Welfare due to its urgency and advised the Committee to make proper assessment of the situation in the aftermath of the typhoon.

The Chair also reminded Council Members of some of the activities that they will be attending. An invitation for the 2nd year Anniversary of Gawang Gapo on August 17-Sept. 2, 2007 at City Mall and the Gender Development Council Structure Formation and Planning on August 16-17 at Tapinac Elementary School Conference Room and the Civil Service Seminar.

Committee Reports

1. Councilor Perez announced the postponement of the scheduled activity on Tourism Awareness Seminar. The re-setting will be on August 30 at the Convention Center Function Room to coincide with the Strategic Planning Activity. She mentioned Director Ronnie Tiotuico of DOT, Region III as the guest speaker. They have invited several representatives from the different sectors to attend.

With the aid of a powerpoint, she presented her report as Chairman, Committee on Parks, Playground and Wildlife, wherein she conducted an inspection of the Volunteers Park together with Engr. Mon Zavalla, Beautification Officer Marlene Osio and some architects and engineers of the City Planning.

In her presentation, she showed the many areas of the park that has been neglected. Pointing to the parking areas and the sidewalk vendors that are selling cigarettes and candies who were transferred from their stalls at the City Mall and are now complaining not doing good in business and the stalls of vendors near the bridge serve only as eyesores to visitors coming from the SBMA.

She also took notice of the many destroyed plants. While the surroundings of the CR now serves as a resting place for drivers, the toilet has been turned into a storage of all sorts of things and the other toilet is utilized but with a fee.

There are also areas where all kinds of debris are scattered around as a result of the recent typhoon, vandalism and graffiti. The structure placed near the hospital to serve as an isolation area for SARS was not even utilized and this portion of the area is being proposed to become a patrimonial property of the city.

At the far end of the park fronting the hospital are a group of vendors selling noodles and nearby is a pool of stagnant water. This is where a lot of students pass going inside the SBMA.

According to Councilor Perez, we should give special attention in maintaining cleanliness of our surroundings to promote tourism in the city. We can think of many improvements in the park if we can allocate some funds for this purpose, she added. As the Chairman of the Committee on Parks, she recommended the relocation of the vendors’ stalls in the City Mall Boardwalk area where a lot of spaces are still available.

She also identified the vacant building infront of volunteers park as a good site to put-up the stalls for the city to generate real property and business taxes from it. Replicating what the City of Marikina did.

In order to know the opinion of the common citizens in the City with regards to the issue of putting-up commercial stores at the Volunteers Park, she conducted an informal text survey. Varied reactions were solicited from texters. As a result, 60 respondents were gathered, 16 said yes without conditions, 13 yes with conditions, 31 said no to the idea.

With all these findings and observations she was come-up with a recommendation, to call for a joint public hearing by the Committees on Parks, Ways and Means, Legal and Business. To further prove her point, Councilor Perez cited some important provisions of the law that refers to the designation of a Freedom Park such as: DILG Memorandum Circular No. 42, Series of 2006, Resolution No. 108, Series of 2006 of the City Council, designating Volunteers Park as Freedom Park, Section 218 of Republic Act 7160, Article 99 of the IRR and other ordinances.

2. Councilor Dabu, being the Chairman of the Committee on Markets, responded to the comments made by Atty. Noel Atienza through his letter, pertaining to the dispute over possessory of lease rights regarding stall nos. 3 and 4J, Dry Section 4 of the Public Market. In her investigation, she found out that Mrs. Milagros Balajadia who is the rightful owner of the said stalls, executed a Deed of Waiver and Quitclaim in favor of her sister, Mrs. Carmen Balajadia. However, after two years of its operation Carmen Balajadia failed to deliver her payment. Milagros was forced to withdraw the Deed of Waiver against her sister. Records of the Market Office shows that a change of name in the ownership of the said stall was transferred to the name of Carmen but, there was no formal awarding of ownership in favor of Carmen. A clear violation of Ordinance No. 23, Series of 1993 which is the Market Code. Which says that any person who has been awarded the right to lease the stall, shall occupy and administer the stall.

For this reason, after a through study of this case, Councilor Dabu declared the revocation of the same and declared it vacant.

In addition to her report, as Chairman of the Committee on Livelihood, she announced the schedule of the Barangay Livelihood Consultation Program in the 17 barangays as follows:

a. Brgy. Asinan August 21, 2007

b. Brgy. Banicain August 22, 2007

c. Brgy. Barretto August 27, 2007

d. Brgy. East Bajac-Bajac August 28, 2007

e. Brgy. East Tapinac August 29, 2007

f. Brgy. Gordon Heights August 30, 2007

g. Brgy. Kalaklan September 3, 2007

h. Brgy. Kalalake September 4, 2007

i. Brgy. Mabayuan September 5, 2007

j. Brgy. New Cabalan September 6, 2007

k. Brgy. New Ilalim September 7, 2007

l. Brgy. New Kababae September 8, 2007

m. Brgy. Old Cabalan September 11, 2007

n. Brgy. Pag-asa September 12, 2007

o. Brgy. Sta.Rita September 13, 2007

p. Brgy. West Bajac-Bajac September 14, 2007

q. Brgy. West Tapinac September 15, 2007

3. Councilor Marzan brought up the request from the City Mayor, for the Sanggunian to pass an ordinance to effect the abolition of the position of the Executive Asst. III; item no. 12 and to create a position of Executive Asst. II, SG-17 with salary rate of PhP179,000.00. She recommended that the said request be recommitted to the Committee on Organizational Development and Personnel Matter, since it falls under its jurisdiction. She added, that there is no additional appropriation for the position that is why, there is a need to abolish and then create the position.

For the second matter, Councilor Marzan informed the body about the public hearing that was conducted regarding the proposal to declare Volunteers Park as a patrimonial property of the city following the guidelines provided for in the IRR of the Local Government Code. Stating that notices of closure of any local roads, alleys, parks, or square is enacted, notices of such hearings and copies of ordinances shall be posted for a minimum period of 3 weeks in conspicuous places in the City/Municipal or Barangay Hall of LGU within the vicinity of the street or park proposed to be closed. Volunteers Park is within the jurisdiction of Barangay Asinan represented by Barangay Kagawad Epifania Cuan and Barangay Captain Jimmy Pasag of Barangay Pag-asa. The hearing was attended by Councilors Perez, Cerezo, Piano, Baloy, Cortez, Aquino and ABC President Carlito Baloy. The kind of structures to be placed, plans and design were discussed during the public hearing. One of the representatives from the City Planning Office briefed the attendees about the site development to be carried out for the proposed patrimonial property.

4. Councilor Piano rendered his report with the aid of a powerpoint presentation on the operation of the Skills Training Center. Showing the on site visits conducted by the Members of the City Council with the City Mayor and meeting with the officials of Hanjin during a tour of Hanjin Shipbuilding Facility. According to his report, Phase 1 of the project has been completed 100%. The actual shipbuilding is being done for 2007 and it will continue to finish 3 more ships. For 2008, 10 ships will be built up to 2015. Also shown was the list of companies who placed their orders with Hanjin amounting to $2.897 million. The total number of employees has reached 1,400 as of July 2007. Construction site workers numbering to 5,000 workers mostly coming from other municipalities will be soon out of job as soon as the construction phase is completed. He explained further that Olongapo City is concentrating on getting the long haul of target for workers for the shipbuilding project itself. Out of the 1,400 direct employees of Hanjin, as of July, 930 are graduates of the Skills Training Center which is 65% of the total employees and the rest are high level positions mostly coming from outside Olongapo. In his report, he pointed out that all trainees are required to attend the Flag Ceremony because, no less than the City Mayor conducts the briefings at the same time give them some motivations and make sure they fully understand the Korean Culture. He informed everyone that in the interview of trainees, out of 500 applicants for shipbuilding, 407 passed and were hired by Hanjin which proves the high acceptance rate that our workers get from Hanjin. Aside from Hanjin, our welders get job opportunities from other employers, like the Subic Dry Dock and Philseco, some are employed abroad.

More statistics were provided by Councilor Piano, a total of 3,334 were accommodated by our Training Center coming from the seventeen barangays of Olongapo. Out of the 3,334 trainees, 2,184 were able to graduate. 50 comes from Bataan, 89 from Zambales, a small portion comes from as far as Nueva Ecija and Mindanao. Out of the 1,337, 407 are newly hired, also 421 are now working abroad. A total of 1,758 are now employed/hired by Hanjin.

Councilor Piano also explained the breakdown of the appropriations made by the City Council. According to him, there were three ordinances that appropriated PhP500,000 each for the Skills Training Center. The first ordinance amounting to PhP500,000 was used for the development of two facilities: one in West Bajac-Bajac and the other one is at the 3rd floor of the City Hall Annex Building for the purchase of equipments such as welding machines, cutting outfits, grinders, etc. The rest of the appropriations were used to buy consumables such as welding electrodes, cutting gas, personal protective gears, like gloves, brush and other disposables. He estimated that the cost per trainee is less than PhP1,000 which is way below the TESDA approved cost which is PhP7,000 per trainee. This is because of the many innovative approaches that were applied in the training of welding.

He said that last July, it has come to a point where all the funding for the training was exhausted. The reason why the training center is not operating for one week now. If they can approve another appropriation, they can probably loan from the supplier in order to continue with their operation.

To prove that Hanjin has an urgent need of more workers, they requested the City Mayor if he could possibly provide houses to be rented by Hanjin in order to accommodate the 1,000 workers who will be migrating to the City. This is to fill in the deficiency of workers coming from Olongapo.

Councilor Piano brought up the matter on the computerization project embarked by the James Gordon Hospital as presented by Dr. Art Mendoza. Council members was also able to have the chance to inspect and see for themselves the progress of the computerization. According to him it is now 55% completed.

Lastly, he reminded everyone on the scheduled budget hearing of Barangay Barretto on Tuesday and the picture taking of the Council Members.

Calendar of Business

Second Reading:

1. Draft Ordinance No. 2007- O-02 – “An Ordinance Withdrawing Portions (As Described In The Attached Site Development Plan) Of The Left And Right Wing Side Of The Volunteers Park From Public Use And Declaring Them As Patrimonial Property Of The City”, sponsored by Councilors Marey Beth Marzan and Angelito Baloy.

Councilor Marzan clarified to the body and to Councilor Perez that following the provisions of the Local Government Code regarding property permanently withdrawn from public use, the Volunteers’ Park once declared as a patrimonial property of the City, may still be used or conveyed for other purpose for which other real property belonging to LGU may be lawfully used or conveyed. She further expressed her appreciation to the efforts of Councilor Perez for conducting a text survey to the constituents, however, according to her, the question asked in the survey, of whether the people were in favor of putting a permanent structure for commercial use in the said area, was misleading.

The existence of a park can co-exist with other purpose, like erecting a permanent or temporary structure for commercial use, etc. She suggested that the question for the survey should be phrased as to whether the people agree for the said property to become a patrimonial property of the City.

Councilor Marzan further mentioned that the Volunteers’ Park will remain a free park even after its declaration as a patrimonial property. The City, however, needs fund for the improvement of its parks, thus it has to think of additional sources of income.

Councilor Lipumano-Garcia raised an observation based on Article 422 of the Civil Code of the Philippines which states that, “… property of public dominion when no longer intended for public use or public service shall form part of the patrimonial property of the state.” With this, she commented that she doesn’t consider the use of the Volunteers’ Park for public purpose as abandoned.

Councilor Perez pointed out that Section 2 of the proposed ordinance states that there was really a purpose to commercialize the place. Once the mentioned area were declared a patrimonial property, it will lose its character of being a public domain, and opens the possibility to be turned into another purpose. She stressed the provisions stated in the IRR that, “no permanent, closure of any … park… shall be effected unless there exist a compelling reason or sufficient justification.”

In response to the observations made, Councilor Marzan referred to Article 423 of the Civil Code which states that, “the property of provinces, cities and municipalities are divided into property for public use and patrimonial property. She explained that the city may take a property not because it is abandoned but due to a sufficient justification. For her part, Councilor Marzan said that the compelling reason would be to generate income for the general welfare of the public. This can be used for the various city programs in health, education, livelihood, peace and order, social welfare and sports. She added, that even with the declaration as a patrimonial property, it would still be under the powers and functions of the Sangguniang Panlungsod to regulate the developments and activities to be undertaken in the said areas. The Councilor suggested that Councilor Perez can focus her attention to the other city parks which equally need improvement like the Marikit Park and the Rizal Triangle Park, to address her concern on the promotion of tourism and maintenance of cleanliness and the beautification of the city.

After a thorough discussion on the matter, on motion of Councilor Marzan, Draft Ordinance No. 2007- O-02 – “An Ordinance Withdrawing Portions (As Described In The Attached Site Development Plan) Of The Left And Right Wing Side Of The Volunteers Park From Public Use And Declaring Them As Patrimonial Property Of The City”, was lost with six (6) voted against, three (3) in favor, and one (1) abstained.

2. On motion of Councilor Perez, Draft Ordinance No 2007 – O-05 – “An Ordinance Enacting The Olongapo City Investment Code Of 2007” was deferred pending submission of the Certificate of Availability of Funds.

3. On Draft Resolution No. 2007 – R-11 – “A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter A Memorandum Of Agreement For And In Behalf Of The City Government Of Olongapo And Department Of Public Works And Highways Represented By Marcelina N. Ocampo, Asst. Regional Director For Maintenance And Operations”, the proponent, Councilor delos Reyes, said that the City will be expecting to receive PhP500,000 plus from the DPWH. On his motion, the said draft resolution was approved unanimously on second and final reading.

4. Draft Ordinance No. 2007 – O-07 – “An Ordinance Reverting The Amount Of Forty-Two Thousand Pesos (PhP42,000.00) From The Account Wages And ADCOM Under Personnel Services To The Item Ordinary Expenses Under MOOE Of The Office Of The Sangguniang Panlungsod”, was approved unanimously on second and final reading, on motion of Councilor Marzan.

5. Draft Ordinance No. 2007 – O-09 – “An Ordinance Appropriating An Additional Amount Of Three Hundred Thousand Pesos (PhP300,000.00) For The Olongapo City Skills Training Program”, sponsored by Councilor Piano.

The first question was from Councilor Lipumano-Garcia if Hanjin automatically hires welders who were trained by the City. Councilor Piano answered that it is an advantage to have undergone training of the City but this is not a guarantee for employment. It is an assurance though to Hanjin that the welders trained are worth their investment.

The second question was from Councilor Gie Baloy on what happens to the trainees who were not able to graduate. According to Councilor Piano, various reasons were given for not continuing like financial problems, being unfit physically, employment somewhere, and others put up their own welding shop business.

The third question came from Councilor delos Reyes who queried about the financial projection of the skills training program since the council appropriates funds for it. The training program duration was according to Councilor Piano, considered but to ascertain its extent was far at this time, due to the increasing demand for welders at Hanjin, and for the presence of the Subic Dry Dock. The City also anticipates the transfer of operation of the three shipwards from Malabon and Batangas. A great number of workers are also applying abroad. The Councilor also informed the body that the PhP300,000.00 appropriation will be used for the purchase of the welding electrode worth PhP120,000.00; training materials PhP95,000.00 and oxygen PhP35,000.00.

Councilor Aquino expressed his concern regarding the equipment which came from Hanjin. Since Councilor Piano mentioned that the equipment was without proper documents when Hanjin brought it out from the Freeport, it was suggested to request Hanjin to donate it to the City instead, to avoid any conflict with law or avoid being accessory to any irregularity.

Councilor Piano likewise informed the body, in response to the observation of Councilor Cortez regarding the welfare of the Olongapo workers that proper safety measures were taught during the training regarding the funding, the Chief Executive is already considering to include in the 2008 Budget.

After the thorough discussion, Draft Ordinance No. 2007 – O-09 – “An Ordinance Appropriating An Additional Amount Of Three Hundred Thousand Pesos (PhP300,000.00) For The Olongapo City Skills Training Program”, was approved by majority vote with nine (9) in favor and one (1) abstained on its second and final reading, on motion of Councilor Edwin Piano.

6. On motion of Councilor Piano, Draft Resolution No. 2007 – R-38 – “A Resolution Approving The Annual Budget Of Barangay New Cabalan, City Of Olongapo For The Calendar Year 2007”, was approved unanimously on its second and final reading.

7. Draft Resolution No. 2007 – R-39 – “A Resolution Superseding Resolution No. 77 And No. 78, Pertaining To The Commendation Of Councilor Noel Atienza And Vice-Mayor Rolen Paulino”, was deferred on motion of Councilor Perez.

8. On motion of Councilor Cerezo, Draft Resolution No. 2007 – R-40 – “A Resolution Urging The Barangay Council Of Different Barangays In Olongapo City To Establish A Free Computer Training In Their Respective Barangay”, was approved unanimously on its second and final reading.

9. On motion of Councilor Piano, Draft Resolution No. 2007 – R-43 – “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With The Department Of The Interior And Local Government (DILG) Through The Bureau Of Local Government Development (BLGD) Regarding The Community Based Monitoring System (CBMS)”, was approved unanimously on its second and final reading.

10. On motion of Councilor Marzan, Draft Ordinance No. 2007 – O-13 – “An Ordinance Appropriating The Amount Of Nine Million Four Hundred Fourteen Thousand Pesos (PhP9,414,000.00) To The Item Office Equipment, Office Supplies, Representation And Other Expenses Of The Office Of The City Mayor Under The Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund”, was deferred.

11. On motion of Councilor Cortez, “Draft Ordinance No. 2007 – O-15 – An Ordinance Adopting The Olongapo City Ecological Solid Waste Management Plan For 2007-2011”, was opened for discussion.

According to the proponent, this proposed ordinance was in compliance with R.A. 9003 of 2000 mandating all LGUs to convert the open dumpsites into a Sanitary Landfill for the period of 5 years. This proposal also addresses the cease and desist order issued by DENR to the city, ordering to close the operation of our dumpsite for the succeeding years.

The city’s ESMO Head, Mr. Dante Ramos, present during the session, explained further the city’s Ecological Solid Waste Management Plan for 2007-2011. He informed the body that a Master Plan was submitted before to the Commission on Solid Waste but was returned for corrections. The city’s Canadian Consultants are presently doing the improvements of the plan. Mr. Ramos said that there were two (2) proposals prepared by ESMO, the 2002-2007 proposal which they failed to submit to the Sangguniang Panlungsod, and the second is the 2007-2011 plan

which is a continuation of the first.

According to Mr. Ramos, the plan to convert the dumpsite to a Sanitary Landfill will cost PhP350 Million to PhP400 Million while the other plan, which is the waste containerization plan or the use of waste bins will cost more than PhP100M. In response to the DENR’s cease and desist order, the proponent said that the city is for the waste containerization plan since the city cannot follow the requirements to construct a sanitary landfill due to budgetary constraints.

The Presiding Office expressed her concern on the assurance that the said plan will be enough to prevent the total closure of the dumpsite. Councilor Lipumano-Garcia on the other hand expressed doubts on the assurance given by the proponents because garbage segregation by the residents is not practiced and system on how the garbage is collected will not improve the dumpsite.

Mr. Dante Ramos explained that a public information dissemination will be conducted to increase awareness on waste segregation prior to the implementation. Which will comprise two phases” Phase 1 is the Waste Containerization and Phase 2 is the Sanitary Landfill. The expert already visited and studied the dumpsite and according to them, the kind of soil is suitable for a sanitary landfill.

The Presiding Officer queried on the role of the barangay. The proponent said that the barangay officials will identify the sites where the waste containers will be installed. Also included in the plan are the barangay mapping, clustering of residential units, etc. where the barangay assistance is much needed.

Councilor Cortez also informed the body that the DENR declared that the city was an excellent dumpsite in the entire Region III with its 185 hectares that the other cities, municipalities do not have.

After getting satisfied with the presentation of ESMO, on motion of Councilor Cortez, Draft Ordinance No. 2007 – O-15 – “An Ordinance Adopting The Olongapo City Ecological Solid Waste Management Plan For 2007-2011, was approved unanimously on its second and final reading.

12. On motion of Councilor Marzan, Draft Resolution No. 2007 – R-45 – “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines (DBP) In The Principal Amount Of One Hundred Forty Four Million (PhP144,000,000.00) For The Purpose states Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto”, was deferred.

13. On motion of Councilor Piano, Draft Resolution No. 2007 – R-46 – “A Resolution Authorizing The City Mayor To Enter Into Memorandum Of Agreement With The Department Of The Interior And Local Government (DILG) Through The Bureau Of Local Government Development (BLGD) Regarding The Legislative Tracking And Performance Monitoring System Project”, was approved unanimously on its second and final reading.

Other Matters

A. Draft Ordinance No. 2007 - O-17 – “An Ordinance Appropriating The Amount Of Fifty One Thousand Five Hundred Pesos (PhP51,500.00) To The Item Rewards And Other Claims Under Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund” was approved unanimously on its second and final reading. This was for the athletes who bagged the gold, silver and bronze medals for the city in the Palarong Pambansa.

B. On motion of Councilor Marzan, the following draft resolutions giving recognition to certain individuals were approved unanimously on its second and final reading to wit:

1. "A Resolution Recognizing Mrs. Mary Ng For Her Invaluable Contributions By Donating A Two-Classroom School Building To Iram II Elementary School In Sitio Mampueng”;

2. “A Resolution Recognizing The Invaluable Contributions Of Mrs. Editha Go-Ng For Her Donation Of A Two-Classroom School Building To Old Cabalan Elementary School”;

3. “A Resolution Recognizing Mr. Eduardo Uy For His Invaluable Contributions By Donating A Two-Classroom School Building To Iram Elementary School” and

4. “A Resolution Commending Mr. John K. Tan, President Of The Federation Of Filipino-Chinese Chambers Of Commerce & Industry, Inc. For His Acts Of Goodwill And Kindness Through His Contributions In The Field Of Education In Olongapo City”

C. For Councilor Perez, she pressed for the approval of “An Ordinance Appropriating The Amount Of Fifty Thousand Pesos (PhP50,000.00) For The Team Building/Lakbay Aral of Sangguniang Panlungsod Members and Staff, all were in favor, motion was approved unanimously.

D. On motion of Councilor Gie Baloy Draft Resolution No. 2007 – R-50 – A Resolution Approving The Request Of Barangay Old Cabalan To Operate Mini Fair Within Their Jurisdiction Subject To The Prescribed Guidelines Of The Sangguniang Panlungsod, was approved unanimously.

E. For another motion, Councilor Gie Baloy, “A Resolution Commending Dr. Maria Socorro M. Francisco Of The City Health Office For 18 Years Of Invaluable Service And Contribution To The City Of Olongapo”, was approved unanimously.

F. Councilor Cerezo moved to approve “A Resolution Declaring A State Of Calamity In Olongapo City In View Of The Flooding And Destruction Brought By Tropical Storms “Chedeng” And “Dodong”, all are in favor, the resolution was approved unanimously.

Before the adjournment, Councilor delos Reyes commended both Councilor Perez and Councilor Marzan for a very intellectual arguments concerning their positions on the matter of the Volunteers Park.

Councilor Cortez suggested to write the editor at the Manila Bulletin Sports Section to correct the error written in their paper identifying Ex-Vice Mayor Paulino as the current Vice Mayor. The Council Secretary was assigned to write the letter.

Adjournment

There being no further matters to be discussed, the session was adjourned at 8:07 in the evening.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer