Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 10, 2007 AT THE CITY HALL

Present:

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

Hon. Gina G. Perez - - - City Councilor & Temporary Presiding Officer

Hon. John Carlos G. Delos Reyes- - City Councilor

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

Hon. Robine Rose C. Buenafe - - SK Federation President

Absent:

Hon. Elena C. Dabu- - - - City Councilor

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:15 in the afternoon.

Roll Call

With ten (10) Members and the Presiding Officer present, a quorum was declared. However, Councilor Carlito A. Baloy arrived during the reading of communications.

Reading and Adoption of Minutes

After a two-minute recess and on motion of Councilor Gina G. Perez, the body adopted the minutes of the previous regular session dated August 15, 2007.

The August 22, 2007 minutes was deferred for review.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, Councilor Marey Beth D. Marzan read the items on 1st and 2nd reading, to wit:

First Reading:

1. Draft Ordinance No. 2007 - O- 30 – An Ordinance Amending Ordinance No. 43, Series Of 2007 Specifically Amending The Source Of Fund For The Appropriation Of The Rehabilitation Of Public Utility Department From Unappropriated Balance Of The General Fund To Special Account Of Public Utility Department.

Sponsored by Councilors Marey Beth D. Marzan and John Carlos G.Delos Reyes

2. Draft Ordinance No. 2007 - O-31 – An Ordinance Appropriating The Amount Of One Hundred Seventeen Thousand Seven Hundred Fifty Pesos (PhP117,750.00) To The Item Training 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

3. Draft Ordinance No. 2007 – O-32 – An Ordinance Establishing Two Coterminous Positions Of Administrative Assistant V (Private Secretary I) Under The Sangguniang Panlungsod Plantilla. Sponsored by Councilor Gina G. Perez

4. Draft Ordinance No. 2007- O- 34- An Ordinance Regulating The Operation Of Optical Clinics In Olongapo City For The Purpose Of Preventing Illegal Practice Of Optometry, Providing Penalty For Violation Thereof. Sponsored by Councilor Angelito W. Baloy

5. Draft Resolution No. 2007 –R-75 - A Resolution Approving The Annual Budget Of Barangay New Banicain, City Of Olongapo For The Calendar Year 2007. Sponsored by Councilor Edwin J. Piano

6. Draft Ordinance No. 2007 O -33 - An Ordinance Appropriating The Amount Of Seventy Thousand Pesos ( PhP70,000.00) As Fund Support For The Program “Search For The Huwarang Palengke Sa Lungsod Ng Olongapo 2007” Chargeable To The Unappropriated Balance Of The General Fund. Sponsored by Councilor Elena C. Dabu

7. Draft Resolution No. 2007 R-76 – A Resolution Affirming The Shareholdings Of Olongapo City At Subicwater And Sewerage, Inc. Without Prejudice To The Pending Supreme Court Case Pertaining To Subicwater. Sponsored by Councilor Edwin J. Piano

8. Draft Resolution No. 2007- R-77 – A Resolution Enjoining The SBMA To Include Representatives Of Olongapo City To The FSC Board. Sponsored by Councilor Edwin J. Piano

Second Reading:

1. 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

2. 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 Councilor John Carlos G. Delos Reyes

3. 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

4. Draft Ordinance No.2007- O-29- An Ordinance Addressing The System Of Prostitution, Imposing Penalties On Its Perpetrators, Providing Protective Measures And Support Services For The Prostituted Persons, And For Other Purposes. Sponsored by Councilors Gina G. Perez And Elena C. Dabu

5. Draft Resolution No. 2007 R- 72 - A Resolution Authorizing The City Mayor To Enter Into A Deed Of Donation With Subic Bay Metropolitan Authority (SBMA) For The Conveyance Of Subic Bay Metropolitan Authority Properties. Sponsored by Councilor Edwin J. Piano

6. Draft Resolution No. 2007 R- 73 – A Resolution Enjoining All Barangays In Olongapo City To Allocate Funds In Their Annual Budgets For The Registration And Licensing Of Portable, Base And Mobile Radio Communication Equipment. Sponsored by Councilor Edwin J. Piano

Councilor delos Reyes, moved to include “A Resolution Extending The Adoption Of The Experimental Implementation Of A Body Number Coding Scheme For Public Utility Jeepneys J-01 And J-011 Until November 30, 2007 As Part Of Public Consultations”, co-sponsored by Councilor Cortez.

In addition to the agenda, Councilor Piano, moved for the inclusion on the first reading “A Resolution Adopting The City Appraisal Committee’s Resolution No. 3 Series Of 2007 Entitled A Joint Resolution Appraising The Rental Rate Of Real Property Owned By The City Of Olongapo, (In Front Of The Emergency Entrance Of The James L. Gordon Memorial Hospital) Located At New Asinan, Olongapo City” and “A Resolution Authorizing The City Mayor To Enter Into Contract With Established, Qualified And Viable Commercial Providers To Install The Unified Land Information System (ULIS) Based On The Terms Of Reference, Pursuant To Pertinent Rules And Regulations”.

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

Communications and Referrals of Business

Communications Read:

1. Sulat mula kina Imelda Sarmiento, Dolores Balangon, Emely Estupito at Manfred Sarmiento para kay Police Sr. Supt. Abelardo P. Villacorta sa dahilang hindi makatarungang ginawa ni SPO3 Ernesto R. Nolasco, Imbestigador ng PNP kay Neptali Moya, 27 years old na kasalukuyang naka confine sa James L. Gordon Memorial Hospital, this City sapagkat siya ay naaksidente noong ika 25 ng Setyembre 2007 na nabangga ng sinasakayang motor ng isang Australiano na si Stephen Donald Moseley. (Referred to the Committees on Laws, Investigation and Peace and Order)

2. Letter from the Hon. City Vice-Mayor Cynthia G. Cajudo addressed to the Hon. City Mayor James "Bong" Gordon, Jr. informing him on the recent feedback on the public hearing conducted at the Sangguniang Panlungsod for the Anti Prostitution Ordinance sponsored by Councilors Gina Gulanez Perez and Elena Dabu attended by her and City Councilors John Carlos G. delos Reyes and Gie Baloy and therefore requesting a day in the City to invite all socio-civic, fraternal, religious sectors, NGOs-POs, Government and Non Government institutions to sign a commitment to help eradicate and suppress all forms of immoral, indecent acts that degrade the dignity of Olongapo City. (For information and guidance)

3. Memorandum from Ireneo N. Cornelio, Asst. Market Superintendent, OIC, Olongapo City Public Market for Hon. James Gordon, Jr. regarding the Statement of Income for the Month of September 2007 as compared to September 2006.

Olongapo City Public Market increased of PhP62,059.85;

City Abattoir decreased of PhP24,408.00;

James L. Gordon Avenue Market & Mall decreased of PhP14,507.00.

(Referred to the Committee on Ways and Means)

4. Memorandum from Engr. Luisito M. Lopez, General Manager of the Public Utilities Department addressed to the Hon. City Mayor James Gordon Jr. about the Electrical Power Distribution System Reliability re: Emergency Procurement of Distribution Transformers. (Referred to the Committee on Utilities)

5. Letter addressed to Mr. Louis D. Pawid III, Director, Political Affairs in the Office of Senator Richard J. Gordon in response to his letter addressed to the Council Secretary. (Referred to all for notation)

6. Letter from Danny J. Piano, President & CEO, Absolute Service, Inc. addressed to the Hon. City Mayor James "Bong" Gordon, Jr., regarding his interest in representing Olongapo City to the FSC Board. (For information and guidance)

7. Letter from Councilor John Carlos G. delos Reyes, Committee Chair on Transportation addressed to Hon. Armand C. Arreza, Administrator, Subic Bay Metropolitan Authority requesting to enjoin all agencies concerned to abate colorum vehicles posing as shuttle services within the Freeport Zone. (For information and guidance)

8. Memorandum from Ireneo N. Cornelio, Acting Market Superintendent, OIC, Olongapo City Public Market for the Hon. City Mayor James Gordon, Jr. requesting for a copy of an Ordinance relative to vagrancy. (Referred to the Committee on Markets and the Secretariat)

9. Letter from the City Mayor addressed to the Hon. City Vice-Mayor Cynthia G. Cajudo requesting this body to consider an Ordinance appropriating the amount of PhP117,750.00 to the item Training Expense under Maintenance and Other Operating Expenses of the Office of the City Mayor, to be taken from the Unappropriated Balance of the General Fund. (Referred to the Committee on Appropriations)

10. Letter-request from the City Mayor for an Ordinance appropriating the amount of PhP1,375,000.00 to the item I.T. Equipment and Software under the Capital Outlay of the Office of the City Mayor, to be taken from reversion from Trust Fund Account - Time Deposit Interest for Various Deposits. The amount will be used for the purchase of computer units for official use of the office of the City Mayor. (Referred to the Committee on Appropriations)

11. Letter from Councilor John Carlos G. delos Reyes, Committee Chair on Transportation addressed to Col. Jose A. Aquino, Head, (OTMPS) Olongapo City and Hon. Jong Cortez, Councilor, Committee Chair, Traffic Management soliciting their opinions on whether or not Res. No. 101, entitled; A Resolution Adopting The Experimental Implementation Of The Body Number Coding For Public Utility Jeepneys J-01 And J11 From The Effectivity Of This Resolution To September 30, 2007 As Part Of Public Consultations should be made permanent through a City Ordinance. (Referred to the Committees on Traffic and Transportation)

12. Annual Budget from Barangay Banicain for the Calendar Year 2007. (Referred to the Committee on Ways and Means)

13. Letter from Councilor Edwin J. Piano, Chairman, Committee on Ways and Means addressed to the City Council Secretary regarding the second draft of the proposed Ordinance No. 2007-0-22 entitled; "An Ordinance Repealing Ordinance No. 81, Series Of 2002 And Providing For The Olongapo City 2007 Revenue Code, This is a request to proof read the same. (Referred to the Committee on Ways and Means)

14. Letter from Aileen Cuevas Sanchez, OCGEMPCI Chairperson addressed to the City Vice-Mayor Cynthia G. Cajudo recommending that the following City officials/instructors/facilitators be given Certificates of Recognition by the City Council who served as an inspiration to the reviewees:

1. Mayor James "Bong" Gordon, Jr.

2. City Councilor Marey Beth D. Marzan

3. City Administrator Fernando M. Magrata

4. Mr. Mark Anthony B. Reyman

5. Mr. Demie S. Borromeo, Jr.

6. Mr. Deogracias E. Joaquin

7. Ms. Ira Chloemn B. Daylo

8. Mr. Reynaldo Eringco

(Referred to the Committee on Livelihood and Cooperatives)

15. Press Release No. 1206 from the Public Affairs Office, AIDS Hot Line, Ilulunsad. (For notation)

16. Memo dated October 5, 2007 for all Department Heads, Supply Officers, regarding annual physical inventory issued by Victor S. Bernabe, OIC, General Services Officer . The City Council is scheduled on October 30 – 31, 2007. (Referred to Mr. Greg Ramos to be assisted by all Private Secretaries)

17. Memorandum from Hon. John Carlos delos Reyes, Chair, Committee on Transportation, about the request that experimental implementation of Body Number Coding for Public Utility Jeepney J-01 And J – 11 be made permanent through a City Resolution.

18. Letter from the City Mayor forwarding a copy of the Memorandum dated October 9, 2007 to the ULIS Technical Working Group regarding the installation and operation of the RPTS/BPLS and collection modules in the City of Olongapo. To attain the objectives stated in the memorandum, the Mayor is requesting this Body to adopt a Resolution authorizing him through the TWG to negotiate with established and viable commercial providers to install the System based on the stated parameters and objectives, pursuant to pertinent rules and regulations. (For notation)

Councilor Marzan moved that Councilor Gina Perez be the Temporary Presiding Officer for today’s session in lieu of Vice-Mayor Cynthia G. Cajudo, who was requested to be excused.

Committee Reports

As Chair of the Committee on Information Technology and Telecommunication, Councilor Piano imparted to the body his report regarding their meeting with the internet café owners last October 5. The said meeting was attended by Councilors Perez and Baloy, Department Heads, the Head of the Business Permit Division, Mr. Ferdie Magrata, Police Sr. Inspector Cesar Cabling, City Director Villacorta, Gene Eclarino of CSWDO, Barangay Kagawads, DepEd, representatives Mr. Paquito Tiguero and Maruja Bergonia and the City Mayor himself.

According to Councilor Piano, about 130 internet café owners were present in the said meeting. It was discussed to them some of the city ordinances that are being implemented with regard to the operation of internet cafe’s. This is for the information of everyone as well as to the new members of the association.

They were informed of the numerous complaints received by the city, against those who are not following the city ordinance and they were given stern warning to let them know that the city will be very strict with its implementation. Some operators have been issued by the Business Permit Division a show cause letter why their establishments should not be closed down for some violations. 90% of those who were given have complied already with the requirement. Aided with slides, he presented the changes done by operators to their cubicles which is one of the subjects of their violations. One of these were the conversion of doors making the person inside the cubicles visible from the outside. Some operators has yet to comply fully with the ordinances.

Continuing with the report, Councilor Piano informed the body that the Globe Innove, the new telephone system operating in the city has started to layout their cables. This is done so in close coordination with the city engineers composed of Engineers Louie Lopez, Marivic Nierras, and Julius Manglicmot. The contractor expressed their willingness to abide with the regulations imposed by the city and to pay the necessary fees. They conducted a joint inspection of sites where telephone switching cabinets will be installed particularly in the areas of Sta. Rita, EBB, WBB and Pag-asa. A cable will be installed in poles extending from Gordon Heights to Pag-asa. He noted that this is the new telephone system which was approved through a resolution of the City Council and approved by the NTC.

In another matter, Councilor Piano informed the body about the public hearing he was supposed to attend for the Radio World UHF TV, which intends to put up a UHF TV in the city. Unfortunately, he was not able to attend since all of the service vehicles of the Council bogged down. Because of this, he wrote the NTC, requesting the Radio World to provide the City with a copy of their feasibility study, so that, the Council would be able to study its position with regard to the proposed UHF TV Station built-up in the City.

After providing all Council Members with a compact disc, containing the 118 paged copy of the Revenue Code of the City, currently under review of Councilor Piano, he made an initial report and briefed his colleagues with some of the revisions made from the said Revenue Code of 2002. With the aid of a powerpoint presentation, he enumerated the changes in the amounts showing a decrease in the Code’s 2007 version.

For manufacturers, producers, assemblers and re-packers, from PhP273 in the 2002 Revenue Code, the fee was reduced to PhP248 after the proposed revision. According to Councilor Piano, this was done after a thorough study as compared with the other cities and municipalities. It shows that the 2002 Revenue Code of the City is much higher than the others. In effect, some businessmen do not make the right income declarations. Consequently, this is the reason why the city do not meet its target collection. He explained that, with this reduction, businessmen will declare their correct income.

Changes and additions of items in the new Revenue Code were also included such as the collection of fees for speed boats, jet skis and electric bicycles/motorcycles. The application fee for cockfighting was increased to PhP500 from PhP100, a fee which required also the approval of the Sanggunian. An increase for fees in the Civil Registry and ESMO Departments, additional items for the Hospital and Medical Fees, City Mall, Museum Entrance, Convention Center, Markets, and other fees were likewise included in the proposed revision of the code.

More CDs will be distributed and meetings will be conducted before everything will be finalized, he said.

A joint clearing operation of the Committees on Traffic Management and Public Markets were conducted in the area of the public market, assisted by Col. Joel Aquino, OTMPS, Fire Marshall Todel Manuel, Disaster Management Office with the cooperation of Olongapo Stallholders Association, Vendors Management Action Team (VMAT) and other vendors in the Olongapo City Public Market. The operation was a campaign to clear the perimeter streets of the public market to ensure the clear passage of fire trucks that will respond effectively to whatever emergencies and fires within the vicinity. The clearing is also part of the proposed market expansion according to Councilor Cortez.

In this exercise, it was found out that there are certain areas that are too narrow to let tankers and bigger fire trucks to get access. Vendors agreed to transfer their stalls that block corner streets and remove extensions that cause the streets to be narrower. Electrical connections have to be adjusted to give height clearance for fire trucks and tankers. An electrical post of the PUD will have to be replaced as it blocks street corner making it hard for longer fire trucks to maneuver.

The Fire Department will have to make a random pass of their trucks to check if vendors are not blocking the access roads. Fire Marshalls have already made an attempt in the past to clear the Market, but, failed. With the cooperation from the market vendors through Councilor Dabu in her discussion with them, this time, they made sure perimeter streets are open to emergency vehicles.

As Chair of the Committee on Appropriations, Councilor Marzan announced the schedule of Committee meetings/hearings to discuss the two appropriation ordinances which consisted of the appropriation of PhP117,750,000.00 for training expense and the amount of PhP1,219,375.50 as final payment for a piece of land at Old Cabalan. The said hearing was set on October 19, 2007 at 9: a.m.. She encouraged everyone to attend.

For the Committee on Transportation, Councilor delos Reyes informed the body the need to further study the Experimental Number Coding Scheme for J-01, J-11. The study needs to determine the impact on the income of operators if ever it will become permanent. It was included in the first reading, “A Resolution Extending The Adoption Of The Experimental Implementation Of A Body Number Coding Scheme For Public Utility Jeepneys J-01 And J-011 Until November 30, 2007 As Part Of Public Consultations”.

Calendar of Business

Second Reading:

1. 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 opened for discussion. Giving the background story, according to the proponent, this is an Australian grant given to seven cities and municipalities. One of the recipient cities decline to accept the grant for some reason. For this, Olongapo City was offered to and accepted the said grant. He explained the nature of the project as a Community Based Flood Management System, where 5 to 7 rain gauges will be installed on specific locations specifically, on mountainous barangays. These rain gauges will detect any impending rush of flood down the low-lying barangays during heavy rains. This will signal the Local Disaster Coordinating Center to alert the people. Each rain gauge will cost PhP16,000.00. A double radar instrument will also be installed at Mt. Sta. Rita which will determine the volume of rain that will possibly fall.

When asked by Councilor Gie Baloy on what could be the reason why one LGU declined to accept the grant, Councilor Piano gave out the information on the problem of providing the adequate communication system and facilities to operate the system which will be born by the grantee. He also informed Councilor Lipumano, that, it will be the elements of the barangay Disaster Coordinating Center who will be assigned to monitor the system.

After a thorough discussion, Draft Resolution No. 2007 – R-58 was unanimously approved by the body on its second and final readings.

2. 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 tabled by the body for lack of a Certificate of Availability of Funds.

3. 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, on motion of Councilor Edwin J. Piano

4. On motion of Councilor Marzan, Draft Ordinance No.2007- O-29- “An Ordinance Addressing The System Of Prostitution, Imposing Penalties On Its Perpetrators, Providing Protective Measures And Support Services For The Prostituted Persons, And For Other Purposes” was deferred by the body.

5. On motion of Councilor Piano, Draft Resolution No. 2007 R- 72 – “A Resolution Authorizing The City Mayor To Enter Into A Deed Of Donation With Subic Bay Metropolitan Authority (SBMA) For The Conveyance Of Subic Bay Metropolitan Authority Properties” was deferred by the body pending availability of all the required attachments.

6. Councilor Piano moved for the approval of Draft Resolution No. 2007 R- 73 – “A Resolution Enjoining All Barangays In Olongapo City To Allocate Funds In Their Annual Budgets For The Registration And Licensing Of Portable, Base And Mobile Radio Communication Equipment”. Explaining the rationale of this resolution, he said that there are a number of cases that are filed by NPC against unregistered and unlicensed communication equipment, especially, in the barangays, for reasons, that, the funds for the registration of the said gadgets are not included in their budget. Since, the barangays are now preparing for their 2008 budget, it is best to pass a resolution in order for them to allocate funds for this purpose to avoid any violation of national laws. After notation, Draft Resolution No. 2007 – R-73, was approved unanimously on its second and final readings.

Other Matters

A. Councilor Marzan wants to take-up two matters, to withdraw the approved Ordinance No. 42 and to amend Ordinance No. 43. She explained that, after conferring with the COA regarding the procedures of appropriation in the Council particularly on the reversion to the unexpended balance and appropriation from the unappropriated balance. The advise given by COA was it is better to revert from other payables that are not claimed within two years, which is from the unappropriated balance.

In agreement with the City Budget Office, instead of Appropriating from the Unappropriated Balance and Reversion to the Unexpended Surplus of the General Fund, it will be best to Appropriate from the General Fund to the Special Account of the PUD. According to the proponent, doing this procedure, follows the rule set by the Government Auditing and Accounting Manual (GAAM). In response to Councilor Lipumano, she cited Ordinance 42 as the reversion from the NPC Billing to the Unexpended Surplus of the General Fund. She also acknowledged the classification from Councilor delos Reyes, that, it is a better recourse to take money from funds that have not been appropriated for anything than to appropriate from or to draw funds of the NPC account. Finally, the motion to withdraw Ordinance No. 42, was approved.

A follow-up motion from Councilor Marzan, in behalf of Councilor delos Reyes as Chairman Committee on Public Utility,was also taken up, and for such she moved to amend Draft Ordinance No. 2007 - O- 30 – “An Ordinance Amending Ordinance No. 43, Series Of 2007 Specifically Amending The Source Of Fund For The Appropriation Of The Rehabilitation Of Public Utility Department From The Unappropriated Balance Of The General Fund To Special Account Of Public Utility Department”. Instead of money coming from the Unappropriated Balance, it will be taken from the Special Account of the PUD. The appropriation will be in the amount of PhP30 Million. In response to Councilor Lipumano’s inquiry on the copy of a Certificate of Availability of Funds, Councilor Marzan gave an assurance to provide everyone with a copy before they sign the ordinance. The motion was approved unanimously on its second and final readings.

B. Under the Committee on Transportation, Councilor delos Reyes moved to approve, “A Resolution Extending The Adoption Of The Experimental Implementation Of A Body Number Coding Scheme For Public Utility Jeepneys J-01 And J-011 Until November 30, 2007 As Part Of Public Consultations”. He informed the body that during the implementation of the said experimental process on the second time, he observed that traffic flow becomes more congested, making it hard for jeepneys to ply their routes. He explained further why the experiment needs to be extended. He added that he needs more time to consult and deliberate more on this matter with council members with regard to the viability of such a scheme before making it permanent. According to him, what is considered is the effect on the income of operators. When asked by Councilor Gie Baloy what was the result of the previous experiment, Councilor delos Reyes said, the result was positive in terms of income if drivers will be provided with a little easing of traffic. However, on the part of the operators, based on the feedback he received, operators lost their income.

After thorough discussion, Draft Resolution was considered as an urgent matter and consequently was approved unanimously on its second and final readings.

C. On motion of Councilor Piano, Draft Ordinance No. 2007 – O-32 – “An Ordinance Establishing Two Coterminous Positions Of Administrative Assistant V (Private Secretary I) Under The Sangguniang Panlungsod Plantilla”, was considered as an urgent matter and was approved unanimously on its second and final readings.

D. Draft Resolution No. 2007 –R-75 - “A Resolution Approving The Annual Budget Of Barangay New Banicain, City Of Olongapo For The Calendar Year 2007” was considered as an urgent matter and was approved unanimously on its second and final readings, on motion of Councilor Piano.

E. In another matter, Councilor Piano moved for the urgency to discuss “A Resolution Authorizing The City Mayor To Enter Into Contract With Established, Qualified And Viable Commercial Providers To Install The Unified Land Information System (ULIS) Based On The Terms Of Reference, Pursuant To Pertinent Rules And Regulations”.

Upon the request of Councilor Lipumano, Councilor Piano provided a background information about the MOA. According to him the MOA was signed last February 2007, which refers to the Unified Land Information System (ULIS), a grant from Australia or AusAid. Under its terms of reference, a technical working group composed of a Land Administration and Management Committee with three members from the City Council, and, the MIS who are working on the Tax Revenue Assessment and Collection System (TRACS). In the course of their work, they discovered, that, the MIS cannot possibly implement the project until after two years. This runs counter to the desire of the city to have it implemented by January 2008, in time for the effectivity of the Revised Revenue Code. With this, the Land Management Administration Management Committee and the Technical Working Group, both headed by the City Mayor, cannot afford to delay the project, decided to hire a private contractor who will do the project. According to the proponent, there are contractors who gave assurance that they are capable of making the system work by January. If they can’t make it work, they will pay for the penalty as stipulated in the contract.

With this explanation, Councilor Piano moved for its urgency because, there are only two months left before 2008. This is so that the collections can be implemented.

Councilor Marzan, further clarified that the contractor to be hired must be qualified, because, it will undergo a procurement process, either for bidding or under a negotiated contract depending on the decision of the BAC. Explaining, that, what is stipulated in the program of BAC and RA 9184, is agreed upon in the contract, and that she wanted to suggest to Councilor Piano to include this in the whereases. This contract will also be subject for ratification of the Council. She recalls, that when this was approved, it was accompanied with an appropriation. This time, it is a contract of agreement with whoever is qualified. It is still uncertain whether it will be for bidding or negotiated, because, what is involved here is technology. These are the terms Councilor Marzan wanted to be included in the whereases.

However, a minor problem came-up during the discussion, when the proponent was asked for a copy of the MOA. There was no available copy to provide the members. Both Councilors Cortez and Lipumano reminded that everyone has agreed during their meeting, to abide with the Internal Rules, that, any piece of legislation that will be introduced or a MOA it must be accompanied by a copy of a draft before it can be considered for second and final reading. While Councilor Gie Baloy’s observation was still to look for a viable contractor, as such why is there a need for urgency. For Councilor Cerezo, a motion to suspend the internal rules may give way for the approval of the urgency. Councilor Marzan, insisting on the urgency for two reasons: first, there are only two months left to prepare, and second, the Mayor needs to secure an authorization from the Council before entering into a contract. The Chair added, that, the proposal to have an information system has undergone a thorough study for the past six months by the end users, the City Planning, Treasury and MIS.

To find a remedy to the situation, Councilor Marzan called for a recess to help out Councilor Piano in drafting the resolution and had it flashed on the screen for presentation in order to proceed for the approval of the urgency. Councilor Lipumano suggested to have it deferred until the next session in order to study the matter further. However, Councilor Cerezo suggested to divide the house, so they can proceed with the approval.

Nine Members voted positively for the urgency and so the Chair declared it approved by majority vote. After which, the proponent moved for the approval of “A Resolution Authorizing The City Mayor To Enter Into Contract With Established, Qualified And Viable Commercial Providers To Install The Unified Land Information System (ULIS) Based On The Terms Of Reference, Pursuant To Pertinent Rules And Regulations”.

Councilor delos Reyes raised his observation after listening to the arguments of both sides, saying that, it only shows that they just want to ensure that everything they pass is above board and free from any liability. Authorizing the Mayor to enter into a contract with or without a copy of a draft, does not mean we could not examine the contract even after we approved the resolution. Councilor delos Reyes said that as Councilors, vigilance is a part of their duty.

Councilor Gie Baloy inquired to the proponent the reason why it wasn’t approved during the previous term. Councilor Piano clarified that the project was actually approved. Due to the delay of two years, and some drawbacks of TRACS, we have to resort with other option, and that is to hire a private contractor. Councilor Marzan reiterated her concern on the terms stated under RA 9184, referring to the procurement procedures to be followed after an endorsement of a private contractor has been made. Then, the Mayor can enter into a contract, she said, Councilor Cerezo following what Councilor delos Reyes said, emphasized that they can still examine the MOA after it is signed.

After hearing all observations, “Draft Resolution Authorizing The City Mayor To Enter Into Contract With Established, Qualified And Viable Commercial Providers To Install The Unified Land Information System (ULIS) Based On The Terms Of Reference, Pursuant To Pertinent Rules And Regulations”, was approved on a majority decision on second and final readings.

Councilors John Carlos G. delos Reyes, Rodel S. Cerezo, Marey Beth D. Marzan, Edwin J. Piano, Angelito W. Baloy, Aquilino Y. Cortez, Jr., Anselmo A. Aquino, Carlito A. Baloy and Robine Rose C. Buenafe voted in favor of the Resolution.

While Councilor Sarah Lugerna Lipumano-Garcia objected to the proposed measure.

F. On motion of Councilor Gie Baloy , “A Resolution Extending Profound Condolences And Heartfelt Prayers To The Bereaved Family Of Mrs. Soledad Dela Cruz Calma, Mother Of Olongapo City Councilor Elena C. Dabu” , was considered as an urgent matter and was approved unanimously on its second and final reading. (Unanimous Sponsorhip)

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:45 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

GINA G. PEREZ

City Councilor & Temporary Presiding Officer