Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 19, 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- - - - “ “

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

Absent:

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 4:15 in the afternoon.

Councilor Edwin Piano moved for the appointment of Ms. Jocelyn P. Niñonuevo as the Temporary Council Secretary in lieu of Ms. Elflida S. Salmon, Council Secretary who is on leave.

Roll Call

With nine (9) Members and the Presiding Officer present, a quorum was declared. However, Councilor Gina G. Perez arrived during the calendar of business

Reading and Adoption of Minutes

On motion of Councilor Anselmo A. Aquino, the body deferred the adoption of the minutes of its regular session held last August 8, 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-69 – A Resolution Accrediting Certain Non-Governmental Organizations, People’s Organizations And Private Sector Organizations For Purpose Of Membership In Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160, Otherwise Known As The Local Government Code Of 1991. Sponsored by Councilors Edwin J. Piano, Carlito A. Baloy And Rodel S. Cerezo

2. Draft Resolution No. 2007 – R-70 – A Resolution Confirming The Renewal Of Appointment Of Atty. Angelito R. Orozco As City Government Department Head II (City Legal Officer) Sg-26 Under City Legal Office. Sponsored by Councilor Gina G. Perez

3. Draft Ordinance No. 2007 – O-27 – An Ordinance Creating A Special Account – Gordon College I.T. Under The General Fund For The Gordon College. Sponsored by Councilor Marey Beth D. Marzan

4. Draft Ordinance No. 2007 – O-28 – An Ordinance Amending Article IV Of Ordinance No. 36, Series Of 2004 Entitled “An Ordinance Adopting The Revisions On The Legal Basis For The Creation And Operation Of The Olongapo City College Now Named As Gordon College. Sponsored by Councilor Marey Beth D. Marzan

Second Reading:

1. Draft Resolution No. 2007 – R-64 - A Resolution Implementing An Experimental Truck Ban Within The Major Thoroughfares And Streets Of Olongapo City. Sponsored by Councilor Aquilino Y. Cortez

2. Draft Resolution No. 2007 – R-65 – 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 Seventy Million Pesos (PhP70,000,000.00) For The Purpose Of Financing The Purchase Of Dredging Machine Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto. Sponsored by Councilors Marey Beth D. Marzan, Rodel S. Cerezo And Anselmo A. Aquino

3. Draft Resolution No. 2007 – R-66 – A Resolution Confirming And Ratifying The Amended List Of The Medical Equipments Financed By The DBP Loan As Recommended By The Chief Of Hospital Dr. Arturo Mendoza. Sponsored by Councilor Angelito W. Baloy

4. Draft Resolution No. 2007 – R-67 – A Resolution Confirming And Ratifying The Placement Of PABX System In The Old Building And The Rest Of The 20 Lines In The New Building As Recommended By The Chief Of Hospital Dr. Arturo Mendoza. Sponsored by Councilor Angelito W. Baloy

5. Draft Ordinance No. 2007 – O-24 – An Ordinance Approving The Reversion Of Fund Amounting To P30 Million From The NPC Power Bill To Unappropriated Surplus Of The General Fund And Thereafter To The Capital Outlay Of The Public Utilities Department To Finance The Continuing Rehabilitation And Maintenance Program Of The Said Department.

Sponsored by Councilor Marey Beth D. Marzan

6. Draft Ordinance No. 2007 – O-25 – An Ordinance Appropriating The Amount Of Six Hundred Ninety Seven Thousand One Hundred Fifty Eight Pesos And Thirty Nine Centavos (PhP697,158.39) To The Item Overtime Pay For The Services Rendered During The May 14, 2007 Election To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored by Councilor Marey Beth D. Marzan

7. Draft Resolution No. 2007 – R-68 - A Resolution Approving The Request Of Barangay Barretto To Operate A Mini Fair Within Their Jurisdiction Subject To The Prescribed Guidelines Of The Sangguniang Panlungsod. Sponsored by Councilor Angelito W. Baloy

8. Draft Ordinance No. 2007 – O-26 – An Ordinance Appropriating The Amount Of Four Hundred Seventy Five Thousand Pesos (PhP475,000.00) For The Office Supplies, Repair And Maintenance, It Equipment And Software, Traveling Expenses, Representation Expenses, Repair And Maintenance Of Motor Vehicles Of The Sangguniang Panlungsod, To Be Taken From The Unappropriated Balance Of The General Fund (2007 IRA Adjustment) To Date. Sponsored by Councilor Marey Beth D. Marzan

9. Draft Resolution No. 2007 – R-57 – A Resolution Ratifying The Memorandum Of Agreement Entered Into By And Between Philippine National Police Crime Laboratory (PNPCL) Represented By Police Chief Supt. Arturo G. Cacdac, Jr. And The City Government Of Olongapo Represented By City Mayor James Gordon, Jr. Sponsored by Councilor John Carlos G. Delos Reyes

10. Draft Resolution No. 2007 – R-58 – A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With The Philippine Atmospheric, Geophysical And Astronomical Services Administration (PAGASA), Of The Department Of Science And Technology (DOST), Regarding The Community-Based Flood Management Program (CBFMP). Sponsored by Councilor Edwin J. Piano

11. Draft Resolution No. 2007 – R-60 – A Resolution Authorizing The City Mayor James Gordon, Jr., To Enter Into Memorandum Of Agreement (MOA) For And In Behalf Of The City Health Department Of Olongapo With Global City Innovative College Subic International Incorporated (GCICSII) Represented By Corazon B. Guanco, Vice President For Administration. Sponsored by Marey Beth D. Marzan

12. Draft Ordinance No. 2007 – O-23 – An Ordinance Appropriating The Amount Of Two Million One Hundred Ninety Five Thousand Eight Hundred Seventy Six Pesos (PhP2,195,876.00) To Satisfy The Civil Liability Of Olongapo City To Dr. Reino Rosete In Civil Case No. 188-0-88 Entitled Dr. Reino Rosete Vs. Former City Mayor Richard Gordon Et. Al. Sponsored by John Carlos G. Delos Reyes

13. Draft Resolution No. 2007 – R-53 - A Resolution Adopting Gordon College, Board Of Trustees (BOT) Resolution Nos. 27,28,29,30 & 31 Series Of 2007. Sponsored by Councilor Marey Beth D. Marzan

14. Draft Ordinance No. 2007 – O-22 – An Ordinance Repealing Ordinance No. 81, Series Of 2002 And Providing For The Olongapo City 2007 Revenue Code. Sponsored by Councilor Edwin J. Piano

15. Draft Ordinance No. 2007 – O-19 – An Ordinance Providing For Annual Physical And Dental Check-Up Of Olongapo City Government Employees. Sponsored by Councilor Edwin J. Piano

16. Draft Resolution No. 2007 – R-51 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into Memorandum Of Agreement With BSP-James L. Gordon Council Represented By Dr. Ligaya B. Monato, For The Use Of A Parcel Of Land Located At The South-West End Of Tapinac Elementary School, For James L. Gordon Council-BSP Headquarters. Sponsored by Councilor Edwin J. Piano

Councilor Gie Baloy moved that Councilor Marzan be his co-sponsor for item nos. 3 & 4 in the second reading.

Also, Councilor Marzan, moved for the amendment of the title on second reading, Draft Ordinance No. 2007 – O-26 – An Ordinance Appropriating The Amount Of Four Hundred Seventy Five Thousand Pesos (PhP475,000.00) For The Office Supplies, Repair And Maintenance, It Equipment And Software, Traveling Expenses, Representation Expenses, Repair And Maintenance Of Motor Vehicles Of The Sangguniang Panlungsod, To Be Taken From The Unappropriated Balance Of The General Fund (2007 IRA Adjustment) To Date. Instead of “2007 IRA Adjustment” it will be “2007 Adjustment In The LGU-ECOZONE Share (1% SBMA Tax).

In addition to the agenda, Councilor Piano, moved for the inclusion on the first reading, “A Resolution Commending Philippine National Police (PNP) City Director, P/S Angelito N. Pacia, For His Exemplary Performance And Leadership As Director Of The Olongapo City Police Office From May 29, 2006 To September 13, 2007”. Sponsored Unanimously

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. Sinumpaang Reklamo-Salaysay ni Julie Ann B. Kaneyoshi ng No. 1 - 12th St., New Kalalake, Lungsod ng Olongapo laban kay Kagawad Ofelia C. Bascos, residente ng No. 100 14th St., New Kalalake, Lungsod ng Olongapo sa reklamong Slander. (Referred to the Committee on Laws)

2. First Endorsement from the City Mayor James Gordon Jr. to the Sangguniang Panlungsod forwarding the copy of the amended Barangay Resolution No. 7, Series of 2007 of Barangay Barretto, this City, entitled, "A Resolution Approving The Operation Of A Mini Fair At Driftwood Beach In Relation To The Merry-Making Activities Of Barangay Barretto And As A Means To Raise Funds For The Barangay's Various Projects". (Referred to the Committee on Business)

3. Comparative Monthly Statement of Income: For the Olongapo City Public Market, it has registered a decrease at PhP57,801.61; James L. Gordon Avenue Market & Mall registered a decrease at PhP150,690.00; City Abattoir decreased at PhP31,278.00. (Referred to the Committee on Ways and Means for review)

4. Notice of Hearing from Grace V. Manuel, Officer-In-Charge, Secretariat of the National Telecommunications Commission, Quezon City for the request of applicant - Radioworld Broadcasting Corporation for the issuance of a Certificate of Public convenience to install, operate and maintain a UHF TV Broadcast Station in Olongapo City, Province of Zambales. Their application will be heard by the Commission on September 27, 2007, 9:30 A.M. at its offices at Diliman, Quezon City. (Referred to the Committee on IT and Telecommunication)

5. Notice of Power Interruption on September 20, tomorrow, Thursday, and the Notice came from Mr. Ramon D. Balagtas of the Public Utilities Department, to note that from 9: 00 - 10: 00 A.M. the whole Olongapo City will be affected. (For information)

6. Letter from the Wood House Drivers Operators Cooperative Members requesting for the approval of their franchise of 40 units of motorcycles. (Referred to the Committee on Transportation)

7. Letter from Ms. Ofelia Bascos, Incumbent Barangay Kagawad of Kalalake, addressed to the City Mayor expressing her intent to run in the upcoming barangay election as Barangay Captain and soliciting the Mayor’s utmost support and blessing to be the official administration's ticket to the said synchronized elections. (For information and guidance)

8. Letter-request from Eddie Tallada, Regional Representative, Philippine Showband & Musicians Union, Olongapo Chapter addressed to the City Vice-Mayor for the use of the floating stage at the Olongapo City Mall for their free concert on October 12, 2007, Friday. The said concert is aimed to pay tribute to their 2 members who are now fighting for their lives due to stage 4 cancer. They are also seeking support for the generous sponsorship of the Vice-Mayor on the said occasion. (Referred to the Committee on Business)

9. Copy of COMELEC Resolution No. 8297 on their Guidelines On The Filing Of Certificates Of Candidacy In Connection With The October 29, 2007 Synchronized Barangay And Sangguniang Kabataan Elections. (For information)

10. Resolution No. 22, Series of 2007 of Barangay New Cabalan, entitled, A Resolution Approving The Withdrawal Of PhP9,950.00 For The Repair Of Fire And Rescue Team Barracks And Back Stage. (Referred to Councilor Marzan)

11. First Endorsement from the City Mayor addressed to the Sangguniang Panlungsod the copy of the Memorandum Of Agreement entered into by and between Boy Scout of the Philippines-James L. Gordon Council represented by Dr. Ligaya B. Monato, Council Scout Commissioner and Schools Division Superintendent and City Government represented by the City Mayor. (For recommendation from Legal and Referred to the Committee on Lands)

12. Memorandum from the City Mayor James Gordon Jr. to All Newly Hired City Government Employees regarding Values Orientation Workshop on September 19-21, 2007, from 8:00 a.m. onwards at the Olongapo City Convention Center. For the City Council, the following are enjoined to attend…Ms. Rowena Cerezo, Mr. Regie Dedicatoria, Mr. Donald Aquino, Mr. Francis Escota, and Mr. Rogelio De Vera. (For compliance)

13. Letter from Atty. Lea Marie Sumanga Picar, Executive Director, CHANROBLES Law Net, Inc., extending their deepest gratitude for the continued support in allowing them to put up their Posters for the Mandatory Continuing Legal Education. They are requesting that they be permitted again to do the same thrust for their 22nd, 23rd, and 24th Lecture Series. (For information and guidance)

14. Invitation from Corona Management Center for their three day Executive Forum. (For information and guidance)

15. Letter from Councilor Edwin J. Piano, Chairman, Committee on Ways and Means addressed to Ms. Elflida S. Salmon, Secretary to the Sangguniang Panlungsod submitting the copy of Draft Ordinance No. 2007-0-22 entitled, An Ordinance Repealing Ordinance No. 81, Series of 2002 And Providing For The Olongapo City 2007 Revenue Code and requesting the assistance of the Council Secretariat to proofread the attached Ordinance. (Referred to the Secretariat, Ms. Joy Niñonuevo, Ms. Marivic Baviera and Mr. Dave Contreras)

16. Letter from Ronaldo V. Puno, Secretary, DILG and Chairman, NPOC, addressed to Hon. City Mayor James Gordon Jr. announcing that the Peace and Order Council of Olongapo has been adjudged as the 2nd placer, Best City Peace and Order Council, Highly Urbanized City Category for 2005 and likewise, invites the Mayor's presence and Councilor Cerezo for the Awarding Ceremonies on September 21, 2007 at Malacanang Palace, with no less than Her Excellency President Gloria Macapagal-Arroyo as the Guest of Honor. (For information and guidance)

17. Invitation from the International Youth Fellowship Philippines to all Members of the City Council on their Grand Cultural Exchange With IYF Students at Olongapo City Convention Center on September 21, 2007, 4:00 p.m. to 7:00 p.m..

18. Copy of the Minutes Budget Deliberation/SP Meeting last August 25, 2007 at La Roca, Los Banos, Laguna, submitted by yours truly. (For information)

19. Copy of Resolution No. 8301 of the Commission On Elections, dated September 13, 2007, entitled, Amending Resolutions Nos. 8297 & 8298 Regarding the Synchronized Barangay And Sangguniang Kabataan Elections Insofar As They Pertain To The Election Period And The Period For The Filing Of Certificates Of Candidacy. The aforesaid filing shall start on Sept. 29 up to October 18, 2007 excluding Saturdays, Sundays and holidays. (For information and guidance)

20. Copy of Resolution No. 8302 of the Commission On Elections, entitled, In The Matter Of Prescribing Additional Requirement For The Filing Of Certificates Of Candidacy For Punong Barangay, Sangguniang Barangay Kagawad, Sangguniang Kabataan Chairman And Sangguniang Kabataan Kagawad giving focus on the mandatory drug test to be undertaken by the candidates. (For information and guidance)

21. Letter of invitation addressed to the Hon. City Mayor James Gordon, Jr., Hon. City Vice Mayor Cynthia G. Cajudo, Hon. Zambales Vice Governor Anne Marie C. Gordon, Hon. City Councilors, City Department Heads, 2000 City Fiesta ExeCom, Barangay Captains, from Hon. Gie Baloy for the launching of the 2007 City Fiesta and Presentation of City Fiesta Queen candidates tomorrow, Thursday, Sept. 20, 2007, 7pm at the Olongapo City Convention Center Lobby. The Program is attached and to note that the affair shall be casual and relaxed.

22. Letter addressed to Col. Jose A. Aquino, referring the case of Mr. Dexter Eredia, a Driver of JO-1 (yellow) who came to his office to protest his traffic citation ticket. (For information and guidance)

Committee Reports

Councilor Dabu as Chairman Committee on Market reported to her colleagues pertinent information regarding the petition of the stallholders of the EBB Public, WBB Public and Pag-asa Markets regarding their opposition to the operation of the Nite Market inside the Freeport and emphasized that our local businessmen had long been suffering from the continued operation of merchandisers from Metro Manila and other places that directly compete with our local businessmen. She said the group were able to secure a TRO issued by the Court.

To continue with matters under her committee, Councilor Dabu enumerated the seminars that were conducted, starting with the seminar on safety meat, lead by the Local Price Coordinating Council, with Dr. Arnold Lopez as point person. A seminar in conjunction with the Consumers Welfare Month sponsored by the DTI was also conducted last October 1, with the Olongapo Local Price Coordinating Council members, the OCA, Local Businessmen, NGO’s, DILG and representatives from the 17 barangays of the City as participants. The occasion started with a motorcade. Another event which pertained to Consumer Awareness and Responsive Education, seminar for high school students was also sponsored by the DTI.

Councilor Marzan reported to the body the committee meetings she presided as Chairperson on the Committee on Appropriation. The first committee hearing was in line with the proposed ordinance on the reversion of funds amounting to PhP30 Million as requested by the PUD, with Engr. Louie Lopez presenting before the Council Members through a powerpoint presentation their 5-year plan, the annual investment and work plans. The engineer discussed the details of the costing and materials to be procured.

After the presentation of the PUD, a committee hearing with Gordon College was also conducted. This is with regard to the adoption of the Board of Trustees’ Resolution Nos. 27, 28, 29 30 and 31. Madame Pame explained before the Councilors the different courses to be offered, why they were being offered and the reasons why the Gordon College has to approve the said curriculums.

Under her Committee on Social Welfare, Councilor Marzan imparted to her colleagues about the meeting she attended with the Persons with Disabilities Council at the Conference Room. Attended also by representatives from different departments of the City Government and representatives from LGUs and other organizations, The meeting discussed the plans for the fourth quarter as well as sub-committee memberships.

As Committee Chair on Laws, Councilor delos Reyes reported that he has finalized the drafting of the resolutions with the motions of reconsideration on the case of Alba and Ubungen. All that is needed are the signatures of the council members for immediate implementation.

Councilor Cortez, on his report, presented to the body through slides of photos, the present state of the Kalaklan Bridge at SBMA. He also informed his colleagues, that it was as early as 2002 when the many defects of the bridge were discovered. However, inspite of the defects they failed to do something about them. The Payumo Administration appropriated PhP240 Million for the plan to rehabilitate the said bridge, but did not materialize. The said bridge was constructed 50 years ago, according to Councilor Cortez. For it to be repaired, it will take six months long for the design and work plan to be approved before and rehabilitation can be implemented on the bridge, which would take another two years to finish. Closing the bridge this long would mean that Olongapo will suffer the brunt of heavy loaded trucks passing through our roads.

The Councilor also described the different types of trucks that pass through the City, which include those carrying hazardous chemicals or flammable, trucks loaded with cement for delivery, rice, gravel, sand and hardware materials. With these types of trucks, we can use this as our argument to justify the imposition of a truck ban and regulate the hours of their passage, he said.

Councilor Piano on the other hand, reported about the committee hearing conducted in relation with Draft Ordinance O-19, providing for annual physical and dental check-up of city government employees. The hearing was attended by the Acting City and Hospital Administrator Ferdie Magrata, Ms. Letty Doropan, City Health Officer, Dr. Tamayo and a representative from CSWDO. According to Councilor Piano, among the things that were finalized in the discussion are the items to be included on the annual physical check-up such as the ECG, Chest X-ray, CBC, Urinalysis and Fecalysis. All mentioned will be considered for initial physical check-up only. The following year, the minimum requirement will include chest x-ray and CBC. Other tests or procedures will depend on the recommendation of the attending physician.

On the dental check-up, it will include not only profilaxis but free tooth extraction because, according to him, it doesn’t cost too much. Tooth fillings, however, were limited to the number of a tooth-fill per year. Estimated by the doctors, the amount to be allocated per employee per year will reach PhP800.00. There are 2000 employees who will benefit in this project. It was suggested that a PhP1.7 Million budget be included in the 2008 budget of our city to accommodate the said benefit.

For another report, Councilor Piano informed the body about the committee hearing that was conducted with regard to the accreditation of Non-Government Organizations and People’s Organizations. The hearing was attended by Councilors Gie Baloy and Gina Perez and representatives of the following NGO’s: the Ulo ng Apo Amateur Youth Club, Boy Scouts of the Philippines, Federation of Senior Citizens, Olongapo Business Club, Katipunan ng mga Bantay Bayan ng Pilipinas, TATAG, SAMPOL, SUGPO and Photographers Group as well as the Staff representing their respective Councilors. Review of documents and some discussions transpired and organizations that have complied with the requirements have already been included in the agenda for the first reading.

Lastly, Councilor Piano announced that there will be another interview to be conducted by Hanjin for the next batch of ship building trainees on September 25.

Calendar of Business

Second Reading:

1. Draft Resolution No. 2007 – R-64 - “A Resolution Implementing An Experimental Truck Ban Within The Major Thoroughfares And Streets Of Olongapo City”, was deferred on motion of Councilor Cortez.

2. Councilor Marzan moved to open for discussion Draft Resolution No. 2007 – R-65 – “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 Seventy Million Pesos (PhP70,000,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto”. After reading the full text of the resolution, she mentioned that pertinent documents were attached to the said draft, which include specifications submitted by the Engineering Office and GSO, and the copy of the letter from the City Mayor requesting for such authority.

She also stated some of the descriptions of the dredging machine as per specifications itemized and submitted by the Engineering Office. Also, from her conversation with the DBP, she said, that they gave an assurance that the amount to be approved by them will correspond exactly with the specification of the dredging machine to be purchased. In response to the question of Councilor Cortez, she assured that the purchase of this machine will follow the standard bidding process set by COA rules. In fact, the DBP will be present during the bidding and the contract is still subject for the ratification of the Sanggunian, she said. To allay the doubt in Councilor Lipumano’s mind, that there will be no more bidding since the type of machine has already been submitted, Councilor Marzan explained that the specification submitted will serve as the minimum requirement for the bidding and awards committee. Otherwise, it will be the supplier’s term of giving us the specification and that will turn out to be in the City’s disadvantage.

As regards to the dredging operations, Councilor Gie Baloy queried for any programs to be undertaken by the Engineering Department. For this, the proponent read the portion of the recommendation and enumerated the rivers to be included in the dredging such as: Sta. Rita River, Mabayuan River, Cabalan River, EBB Channel, Drainage Channel, Jadjad River to converge in Kalaklan River and to be dredged yearly, according to the letter.

In addition, Councilor Baloy expressed that the Maquinaya River be included in the list of rivers to be dredged and also inquired if the machine can be rented by other municipalities. The proponent replied that it is possible also provided that the Mayor is authorized to do so, however, the times call for the city’s dredging needs be met and prioritized first.

Upon thorough examination of Eng. Martinez’s letter, Councilor Piano observed that it is by catching the outfall at the mouth of the Kalaklan River that the rivers are being dredged. For this, he emphasized that an explanation regarding this be made, moreso, to state if the machine has the capability to penetrate the inner river channels, because this what is expected of the project. This is because he is within the Sta. Rita river area and that he knew for a fact that it is heavily silted.

In response, the proponent explained that according to the Mayor, he described it as the second to the smallest dredger which means it has the capability to penetrate small rivers.

On part of Councilor Cortez, aside from the appropriation of PhP70 Million for the purchase of the machine, he asked where will the funds for the operation and maintenance of the machine come from. The proponent said, the funds can come from the Disaster Coordinating Council, where there is an allocation of PhP11 Million a year, which is meant for calamity fund. It will be the Disaster Coordinating Council who will propose a plan stating that the city has procured its own dredging machine for its the flood control program, in order to mitigate flooding in the city. This is where the Disaster Coordinating Council can help us obtain the funding for the maintenance and operation of the machine.

Councilor Lipumano expressed her concern on who can be the resource person who can make the recommendation for the right machine that the city really need. The proponent said, as far as the Engineering Office is concerned this is the right machine, based on their study, unless Councilor Lipumano has somebody she can recommend, replied Councilor Marzan.

Councilor Cerezo spoke of the many advantages of owning a dredging machine in terms of cost. The City can spend PhP10 Million for a 63,000 cubic meter dredging contract as against PhP2,700,000 if we do it on our own. This will provide us savings amounting to PhP7 Million. Moreover, based on the studies of the Engineering Department, desilting of 800,000 cubic meter under contract will take 2 years and nine months compared to only 1 year and 11 months if the city will perform the dredging using its own machine.

Councilor Piano insisted that a clear explanation is required from the Engineering Office on the capacity of the machine to penetrate inner rivers, since according to their letter, it is only at the mouth of Kalaklan River that the outflow will be caught.

Because of this query, Councilor Marzan personally called a representative from the Engineering Office to explain.

The concerns from the Chair were raised this time; first, if the dredging machine can be used without a barge, second, where will the dredged spoils be dumped, third, can the city afford the maintenance cost.

In the discussion, it was made sure that the dredging machine comes with a barge and the maintenance will cost 50 liters per hour. To address the concern of Councilor Piano regarding the Sta. Rita River, Councilor Marzan made an assurance to include in the whereas clauses, that, all rivers of the city should be desilted. However, the Engineering Department will determine what rivers will be given priority for dredging.

Councilor Piano commented that the plan of the Engineering that the dredging operations will remain at the mouth of Kalaklan river for the period of 2 years might intervene with the plan of the City Planning. Also, he noted that the presentation of the pictures of the dredging machine with a barge is a misrepresentation.

After a lengthy discussion, on motion of Councilors Marzan, Cerezo and Aquino, Resolution No. 2007 – R-65 was approved unanimously on second and final readings.

3. Regarding the amended list of medical equipments financed by DBP as recommended by the Chief of Hospital, Dr. Mendoza, Councilor Marzan gave a background of the proposed resolution. According to her, the City Mayor was given authority to enter into a contract of loan with DBP to finance the upgrading of equipment and facilities at the James L. Gordon Hospital by virtue of Resolution No. 36, Series of 2005 and was ratified through Resolution No. 55, Series of 2006. In a letter addressed to Ms. Myrna Reinoso of the DBP, dated Feb. 17, 2007, Dr. Mendoza decided to amend the list of medical equipments to maximize the loan proceeds by obtaining the most number of needed equipment. After which, the proponent proceeded with the reading of the full text of the resolution. After its reading, it drew varied reactions from other members. For Councilor delos Reyes, his advise for Dr. Mendoza is not to let these things to happen again in the light that there is already a list of equipment to be purchased. According to the Councilor, this is a clear case of technical malversation and wanted to send this message to anybody in this government that these things cannot be done.

While Councilor Perez recalls a previous incident, where they entered into a loan with DBP for PhP104 Million worth of equipment for the hospital, it turned out that there were other priorities. Her advise is that the body be more circumspectful in making important decisions. She wondered if there was a response from Ms. Myrna Rienoso with regard to the letter of Dr. Mendoza.

Councilor Dabu reacted that if there are changes in the listing, the Council should be properly informed, so as the members, will not be left groping. The problem according to the councilor is that, they are not aware of what is happening.

In response to Councilor Perez’s inquiry, the proponent affirmed that there was a response from Ms. Reinoso. She suggested that before the transmittal of the resolution to the City Mayor, they should hold talks with Dr. Mendoza regarding the said ratification and include the request of Councilor Piano, to include the letter of DBP stating that they are amenable with the changes made by Dr. Mendoza and all other letters be made as integral parts.

After a lengthy discussion, Draft Resolution No. 2007 – “ A Resolution Confirming and Ratifying The Amended List Of The Medical Equipments Financed By The DBP Loan As Recommended By The Chief Of Hospital Dr. Arturo Mendoza”, was approved by the body through a majority vote on second and final readings on motion of Councilor Marzan and co-sponsored by Councilor Gie Baloy.

Councilors Gina G. Perez, John Carlos G. delos Reyes, Rodel S. Cerezo, Marey Beth D. Marzan, Sarah Lugerna Lipumano-Garcia, Edwin J. Piano, Angelito W. Baloy, Aquilino Y. Cortez, Elena C. Dabu and Carlito A. Baloy voted in favor of the proposed measure.

Councilor Anselmo A. Aquino abstained for the proposed measure.

4. Regarding the Draft Resolution No. 2007 – R-67 – “A Resolution Confirming And Ratifying The Placement Of PABX System In The Old Building And The Rest Of The 20 Lines In The New Building Of The James L. Gordon Memorial Hospital As Recommended By The Chief Of Hospital Dr. Arturo Mendoza”, the draft measure was unanimously approved on second and final readings on motion of Councilor Marzan and co-sponsored by Councilor Gie Galoy.

5. Councilor Marzan moved to open for discussion, Draft Ordinance No. 2007 – O-24 – “An Ordinance Approving The Reversion Of Fund Amounting To Thirty Million Pesos (PhP30,000,000.00) From NPC Power Bill To The Unappropriated Surplus Of The General Fund”, and proceeded to read the contents of the ordinance. After this, Councilor Perez asked the

proponent the current interest rate of NPC debt of the City. According to Councilor Marzan, it was the same question that was asked to the General Manager of PUD which he was not able to give any answer. The other concern brought out by Councilor Gina is the PhP800 Million debt of the City to the NPC. With the PhP30 Million loan, it will be an added burden for the City she said. Councilor Marzan explained the reason why the loan ballooned from PhP200 Million to PhP800 Million all because the city was not able to pay its debt.

In addition, Councilor Perez shared the information that she was able to gather from the internet and tried to recommend it as another option to address the problem. Totally carried away with her emotion, she expressed the grievances she felt and out of frustration with the way the system is being handled by the PUD.

As for Councilor Lipumano, she was wondering how come the PUD is giving the Treasurer’s Office PhP65 Million every month, without the city paying the NPC bills.

According to Councilor delos Reyes, he felt that they only have to rely on the urgency of this request and the presumption of good faith that this loan will be used to rehabilitate the PUD as promised by Engr. Lopez.

After a lengthy discussion, the motion approved by the body through a majority vote on second and final readings and co-sponsored by Councilor delos Reyes.

Councilors John Carlos G. delos Reyes, Rodel S. Cerezo, Marey Beth D. Marzan, Edwin J. Piano, Angelito W. Baloy, Aquilino Y. Cortez, Anselmo A. Aquino, Elena C. Dabu and Carlito A. Baloy voted in favor of the proposed measure.

Councilor Gina G. Perez and Sarah Lugerna Lipumano-Garcia opposed to the passage of the measure.

b. “An Ordinance Appropriating The Amount Of Thirty Million Pesos (PhP30,000,000.00) To The Item Capital Outlay Of The Public Utility From The Unappropriated Surplus Of The General Fund To Finance The Continuing Rehabilitation And Maintenance Program Of The Said Department”, was approved by the body through a majority vote on second and final readings, on motion of Councilor Marzan and co-sponsored by Councilor delos Reyes.

Councilors John Carlos G. delos Reyes, Rodel S. Cerezo, Marey Beth D. Marzan, Edwin J. Piano, Angelito W. Baloy, Aquilino Y. Cortez, Anselmo A. Aquino, Elena C. Dabu and Carlito A. Baloy voted in favor of the proposed measure.

Councilor Gina G. Perez and Sarah Lugerna Lipumano-Garcia opposed to the passage of the measure.

6. Regarding the Draft Ordinance No. 2007 – O-25 – “An Ordinance Appropriating The Amount Of Six Hundred Ninety Seven Thousand One Hundred Fifty Eight Pesos And Thirty Nine Centavos (PhP697,158.39) To The Item Overtime Pay And Night Pay For The Services Rendered During The May 14, 2007 Election To Be Taken From The Unappropriated Balance Of The General Fund”, Councilor Marzan explained that this is with regard to the employees under the Treasurer’s Office assigned as task force, and who were issued a directive from the City Mayor to work overtime. Their job consisted of emptying and compressing the contents of all ballot boxes used in the 2004 elections, repaint and re-number these boxes and to assist in the distribution of election supplies and paraphernalia. The proponent also provided the list of employees through their USB files as requested by Councilor Lipumano.

For this, on motion of Councilor Marzan, Draft Ordinance No. 2007 – O-25, was approved unanimously by the body on second and final readings.

7. Draft Resolution No. 2007 – R-68 – “A Resolution Approving The Request Of Barangay Barretto To Operate A Mini Fair Within Their Jurisdiction Subject To The Prescribed Guidelines Of The Sangguniang Panlungsod”, was unanimously approved by the body on second and final readings on motion of Councilor Gie Baloy.

8. On motion of Councilor Marzan, Draft Ordinance No. 2007 – O-26 – “An Ordinance Appropriating The Amount Of Four Hundred Seventy Five Thousand Pesos (PhP475,000.00) To The Item Office Supplies, Repair And Maintenance – IT Equipment & Software, Traveling Expense, Representation Expense, Repair and Maintenance-Motor Vehicle Under The Maintenance And Other Operating Expenses Of The Sangguniang Panlungsod To Be Taken From The Adjustment In The LGU-ECOZONE Share (1%) SBMA Tax”, was approved unanimously on second and final readings.

9. Draft Resolution No. 2007 – R-57 – “A Resolution Ratifying The Memorandum Of Agreement Entered Into By And Between Philippine National Police Crime Laboratory (PNPCL) Represented By Police Chief Supt. Arturo G. Cacdac, Jr. And The City Government Of Olongapo Represented By City Mayor James Gordon, Jr.”, was deferred on motion of Councilor delos Reyes.

10. On motion of Councilor Piano, Draft Resolution No. 2007 – R-58 – “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With The Philippine Atmospheric, Geophysical And Astronomical Services Administration (PAGASA), Of The Department Of Science And Technology (DOST), Regarding The Community-Based Flood Management Program (CBFMP)”, was deferred.

11. Regarding Draft Resolution No. 2007 – R-60 – “A Resolution Authorizing The City Mayor James Gordon, Jr., To Enter Into Memorandum Of Agreement (MOA) For And In Behalf Of The City Health Department Of Olongapo With Global City Innovative College Subic International Incorporated (GCICSII) Represented By Corazon B. Guanco, Vice President For Administration”, Councilor Marzan explained that this is an agreement of the city with various schools requesting affiliation with the James L. Gordon Hospital or with the City Health Office to accommodate their Nursing or Midwifery students and other students under related medical and health service courses for training in the said department. It was noted accordingly from the observation made by the Vice-Mayor, to include in the provisions of the MOA, the minimum requirement imposed by Administrative Order No. 5 of the Department of Health. When asked by the Chair, the proponent informed the body that the Global City Innovation College Subic is located inside the SBMA. In addition, she explained that, based on Dr. Tamayo as far as the City Health is concerned, it can manage the number of students since there are 17 barangay health centers that oversee the trainees. The problem is with the hospital which requires a number of bed capacity to accommodate a number of students.

The proponent also informed the Chair, that the one who monitor the trainees are the health workers themselves. They are also assisted by their teachers and as such the health workers also seek to get a percentage from the fees paid by students. In response to Councilor Lipumano’s question, the proponent informed the body that the school pays PhP150 per student depending whether they are under a 4-year or associate courses.

After a long explanation, Draft Resolution No. 2007 – R-60 was approved unanimously on second and final readings on motion of Councilor Marzan and co-sponsored by Councilor Gie Baloy.

12. On motion of Councilor delos Reyes, Draft Ordinance No. 2007 – O-23 – “An Ordinance Appropriating The Amount Of Two Million One Hundred Ninety Five Thousand Eight Hundred Seventy Six Pesos (PhP2,195,876.00) To Satisfy The Civil Liability Of Olongapo City To Dr. Reino Rosete In Civil Case No. 188-0-88 Entitled Dr. Reino Rosete Vs. Former City Mayor Richard Gordon Et. Al”, was deferred by the body pending a certificate of availability of funds.

13. Draft Resolution No. 2007 – R-53 - “A Resolution Adopting Gordon College, Board Of Trustees (BOT) Resolution Nos. 27,28,29,30 & 31 Series Of 2007”, was tabled on motion of Councilor Marey Beth D. Marzan.

14. On motion of Councilor Piano, Draft Ordinance No. 2007 – O-22 – “An Ordinance Repealing Ordinance No. 81, Series Of 2002 And Providing For The Olongapo City 2007 Revenue Code”, was deferred by the body.

15. Regarding Draft Ordinance No. 2007 – O-19 – “An Ordinance Providing For Annual Physical And Dental Check-Up Of Olongapo City Government Employees”, Councilor Piano moved to open it for discussion . After a series of consultations and meetings with the City Health Officer, Personnel and DSWD representatives, some revisions were made in the draft ordinance. The procedures described under Section 4.1, including blood typing and mandatory drug testing are stipulated as part of the free services. Under Section 5.1 subsequent physical examination a complete test will be given including ECG, Urinalysis and Fecalysis. On the following year, it can only be given again depending on the discretion of the physician. The tests will be for free.

Under the dental check-up, only oral prophylaxis and tooth extraction will be given free because they do not cost much. Tooth filling will be limited, not to exceed two dental fills per year. On cases of mammography, hepatitis screening, etc., the said tests will be charged to the employee’s account. There will be an allocation of at least PhP1,700,000 in the annual budget for its implementation, to benefit 2,000 employees for an estimated cost of PhP850 per employee. The proponent added that, the cost of laboratory test for barangay health workers will be charged to Philhealth, because they fall under the classification as indigents.

After the explanation, Draft Ordinance No. 2007 – O-19 was unanimously approved by the body on second and final readings on motion of Councilor Piano.

16. On motion of Councilor Piano, Draft Resolution No. 2007 – R-51 – “A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into Memorandum Of Agreement With BSP-James L. Gordon Council Represented By Dr. Ligaya B. Monato, For The Use Of A Parcel Of Land Located At The South-West End Of Tapinac Elementary School, For James L. Gordon Council-BSP Headquarters”, was deferred by body.

Other Matters

A. On motion of Councilor Piano, “A Resolution Commending Philippine National Police (PNP) City Director, P/S Angelito N. Pacia, For His Exemplary Performance And Leadership As Director Of The Olongapo City Police Office From May 29, 2006 To September 13, 2007”. was considered as an urgent matter and consequently was approved unanimously on its second and final reading. Unanimously sponsored.

Adjournment

There being no further matters to be discussed, the session was adjourned at 7:13 in the evening.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

JOCELYN P. NIÑONUEVO

Temporary Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer