Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 30, 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. Aquilino Y. Cortez, Jr.- - - “ “

Hon. Anselmo A. Aquino- - - “ “

Hon. Elena C. Dabu- - - - “ “

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

Absent:

Hon. Angelito W. Baloy - - City Councilor

(Sick Leave)

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

(Requested to be excused)

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 1:36 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 John Carlos G. delos Reyes, the body deferred the approval of the Minutes of the Regular Session dated September 11, 2007 for comments.

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 Resolution No. 2007 – R-90 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement With The Olongapo Business Club, Inc. Represented By Its President Mr. Samuel Del Rosario For The Opening Of The Olongapo City Lighthouse In Kalaklan, Olongapo City On October 31 To November 1, 2007.

Sponsored by Councilor Gina G. Perez

2. A Resolution Thanking Her Excellency Ambassadress Kristie Kenney Of The United States

Of America For Extending A Cordial Visit To The City Of Olongapo. Unanimous

3. A Resolution Expressing Heartfelt Gratitude To Commanding Officer Dan Christofferson And The Servicemen Of USS Connecticut For Spearheading Community Relations Projects In The City Of Olongapo. Unanimous

4. A Resolution Expressing Deepest Condolence And Sympathy To The Guerrero Family, Bereaved With The Passing Away Of Their Patriarch, Mr. Manuel Rafanan Guerrero. Unanimous

5. A Resolution Expressing Deepest Condolence And Sympathy To The Vizcocho Family, Bereaved With The Passing Away Of Their Patriarch, Mr. Victorio S. Vizcocho, Sr. Unanimous

Second Reading:

1. 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

2. 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

3. 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 Councilors Elena C. Dabu and Marey Beth D. Marzan

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 Ordinance No.2007 – O-37 - An Ordinance Appropriating The Amount Of One Million Three Hundred Seventy-Five Thousand Pesos (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. Sponsored by Councilor Marey Beth D. Marzan

6. Draft Resolution No. 2007 – R-86 – A Resolution Authorizing The Honorable City Mayor To Enter Into A Contract Of Agreement With The Qualified/Winning Bidder For The Lease Of Space In Front Of James L. Gordon Memorial Hospital. Sponsored by Councilors Angelito W. Baloy and Marey Beth D. Marzan

7. Draft Ordinance No. 2007 – O-39 – An Ordinance Amending Section 1 Of Ordinance No. 28, Series Of 2005 Requiring All Drivers Of Public Utility Vehicles For Hire To Attend Defensive Driving Seminar. Sponsored by Councilor John Carlos G. Delos Reyes

8. Draft Ordinance No. 2007 – O-41 – An Ordinance Appropriating The Amount Of Fifty Thousand Pesos (PhP50,000.00) As Financial Assistance To Greater Subic Tourism Board As Counterpart Of The City For The Subik, Subik Festival 2007 To Be Held On November 2-4, 2007 To Be Taken From The Unappropriated Balance Of The General Fund Made Available To The Item “Donation” Under Maintenance And Other Operating Expenses (MOOE) Of The Office Of The City Mayor. Sponsored by Councilors Marey Beth D. Marzan And Gina G. Perez

9. Draft Resolution No. 2007 – R-88 – A Resolution Authorizing The City Mayor To Enter Into Contract Of Memorandum With Gloria F. Revero For The Lease Of Space At Gordon College. Sponsored by Councilors Marey Beth D. Marzan and Anglito W. Baloy

10. Draft Resolution No. 2007 – R-89 – A Resolution Authorizing The City Mayor To Enter Into Contract Of Memorandum With Beatriz Arinsol For The Lease Of Space At Gordon College.

Sponsored by Councilors Marey Beth D. Marzan and Angelito W. Baloy

Councilor delos Reyes moved to amend the title of item no. 1 on the first reading, from the phrase “For The Opening Of The Olongapo City Lighthouse In Kalaklan, Olongapo City, to “ For The Opening Of The Kalaklan Lighthouse In Barangay Kalaklan, Olongapo City. He also manifested to amend the title of item no. 3 on the second reading from the phrase “Attend Defensive Driving Seminar to “Attend A Defensive Driving Seminar”.

Councilor Marzan moved to amend the title on Item No. 8, Second Reading, “An Ordinance Appropriating The Amount Of Fifty Thousand Pesos (PhP50,000.00) As Financial Assistance To Greater Subic Tourism Board As Counterpart Of The City For The Subik, Subik Festival 2007 To Be Held On November 2-4, 2007 To Be Taken From The Unappropriated Balance Of The General Fund Made Available To The Item “Donation” Under Maintenance And Other Operating Expenses (MOOE) Of The Office Of The City Mayor” to “An Ordinance Appropriating The Amount Of Fifty Thousand Pesos (PhP50,000.00) As Financial Assistance To Greater Subic Tourism Board As Counterpart Of The City For The Subik, Subik Festival 2007 To Be Held On November 2-4, 2007 To Be Taken From The Unappropriated Balance Of The General Fund To The Item “Donation” Under Maintenance And Other Operating Expenses (MOOE) Of The Office Of The City Mayor”

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

The items on First Reading were referred to the Committee as a Whole.

Communications and Referrals of Business

Communications Read:

1. Memorandum from Dante P. Ramos, City Government Department Head II addressed to Arch. Tony Karl Balde, City Planning and Development Officer, requesting data and maps regarding the survey of the number of residents/households along riverside in connection with the proposed river segmentation program for the cleanliness and maintenance of the rivers surrounding Olongapo City. (Referred to Councilor Jong Cortez and for information of everybody)

2. Letter from Marcelino D. Andawi, Chairman, Task Force on Revenue Code Revisions addressed to the Hon. City Mayor James Gordon, Jr. regarding the 2007 Revenue Code amending certain provisions of the 2002 Revenue Code, as reviewed and finalized by the Executive Committee on Revenue Code Revisions as per Executive Order No. 54, Series of 2006. (Referred to Councilor Edwin Piano and for information of everybody)

3. Letter from Brgy. Capt. Danilo Fernandez, Brgy. Mabayuan and Mr. Bong Telmo, Choreographer, seeking financial assistance for the young dancers of Olongapo City also known as "The Lovely Catz Family” composed of students from different schools of the City competing for the Subik! Subik! Festival. (For information of everybody)

4. Canvassed Election Returns on Synchronized Barangay and Sangguniang Kabataan Elections of Barangay Banicain, Mabayuan, Kalaklan, East Tapinac, Old Cabalan, East Bajac – Bajac, Gordon Heights, West Bajac – Bajac and New Cabalan.

Committee Reports

Councilor Dabu first gave a report for the Committee on Market which she Chairs. On October 22-23, 2007, she together with Councilor Cortez conducted a fire drill at 20, 21st Street and Barrretto Streets at Brgy East Bajac-Bajac Public Market. The stall owned by Ms. Alice Manalang and one flower vendor along Barretto St. caused an obstruction to the flow/entry of the fire trucks. The Councilor met with the President of the Olongapo Vendors Association, Ms. Anita Sapno and also with Ms. Alice Manalang, Mr. Lino Maniago and Engr. Rex Dimacaling to inform them of the plan to demolish their stalls and relocate them along Barretto Street to be included in the proposed installation of canopies on the site. The canopies were already discussed with the City Mayor. The Councilor said that it will not jeopardize the business of the vendors but will make them orderly and regulated within the prescribed plan. Another concern was the adjustment of stalls of one muslim vendor and one slipper vendor along 21st Street from six (6) feet reduced to four (4) feet. These proposals and recommendations were agreed upon and shall be implemented on the first week of November.

The Green Passenger Jeepney Terminal shall be moved 20 meters farther and was already coordinated with Mr. Joe Ramos, OIC of the Office of the Traffic Management and Public Safety.

For the Committee on Women, Councilor Dabu reported that a meeting of the Gender and Development (GAD) Council was held on Oct. 18, 2007 at the FMA Hall. Ms. Gene Eclarino was formally appointed by the City Mayor as the GAD focal person while Ms. Carmelita Alonzo was Assistant GAD focal person. All GAD Council members were told to prepare their GAD Plans and Programs to be integrated in the 2008 GAD Plan and Budget of the City.

Councilor Edwin Piano updated the body regarding the Revenue Code Revisions. First, he said that he sent all the Members the final version of the Code which can be downloaded in the internet or it can be read straight from the browser using the URL or it can be reviewed using the compact disc version. City Treasurer Marcelino Andawi, who heads the committee to review the Revenue Code as created by the City Mayor, already transmitted a hard copy of the said code to the City Council, and the first public hearing is scheduled on November 9, 2007.

According to the Councilor, the revision started on June 1, 2006 as per Executive Order No. 54 creating the Executive Committee. The Revenue Task Force held more than twelve (12) meetings before drawing the final draft. Four meetings were conducted by the Committee on Ways and Means of the City Council. The Revenue Code was patterned after the copy provided by the Local Government Academy and by the Bureau of Local Government Finance. Also used as reference were the Revenue Codes of Davao, San Jose del Monte, Pasig, Bohol, Alaminos, Naga, Caloocan and Vigan.

Councilor Piano reminded his colleagues of the public hearing about the said code on Nov. 9, 2007. He emphasized that it will be the public’s turn to ask questions during that time and will not be a time for the Council Members to debate the matter. For further questions, comments, additions and observations, he requested his colleagues to present it or open it up for discussion before Nov. 9. He said that on Nov. 9 it will be the Council Members’ turn to answer questions from the public so he is hoping for his colleagues support.

The Councilor mentioned that the tax rate were lowered in general for the benefit of the businessmen which comprise majority of the constituents. He said the Revenue Code has Seven Chapters: Chapter I – General Provisions; Chapter II – Real Property Tax; Chapter III – City Taxes; Chapter IV – Permits and Regulatory Fees; Chapter V – Service Fees; Chapter VI – Administrative and Penal Provisions; Chapter VII – Final Provisions. It has 107 pages all in all. The Councilor taught his colleagues how to use the CD version.

The Presiding Officer congratulated Councilor Piano for his efforts in the Revenue Code Revision.

Councilor Cortez read to the body the Traffic Plans made by OTMPS for “OPLAN Kaluluwa 2007”. He said that the following are the plans for the Olongapo Public Cemetery:

• There will be no restrictions on privately owned vehicles and Public Utility Vehicles passing the National Hi – way via Olongapo Public Cemetery going to Zambales.

• National Hi – way from Kalaklan Gate up to Gordon Park is a NO PARKING area both sides.

• Parking will be permitted on the sea side from PREDA up to Ocean View only.

• Parking area inside SBMA will be allowed at the staging area of the container vans.

• Turning points or U – turn areas are at Halfmoon Beach and at the National Hi – way via Kalaklan Bridge.

• Public Utility Tricycles shall only be allowed to drop passengers along the National Hi – way via Lyn’s Frame approximate 300 meters away from SBMA Kalaklan Gate.

• Designated loading area for PUJs is about 6 meters away from the corner of Kalaklan Bridge going to City Proper.

The following are the plans for the Olongapo Memorial Park/Heritage Park:

• Del Rosario Road will be a two – way traffic from National Hi – way up to Tulio Street.

• The whole stretch of Del Rosario Road and portion of Tabacuhan Road from Tulio Street up to Del Rosario will be a NO PARKING zone.

• Del Rosario Road from Tulio St. to Tabacuhan Road will be ONE WAY.

• Riverside St. from OMP Riverside Gate up to Del Rosario St. NO PARKING zone.

• Del Rosario Road will be closed to vehicular traffic from 1:00 P.M. – 12:00 M.N. 01 Nov. 2007.

• Right side parking along National Hi – way (going to City proper) from Bennet Road up to Ulo ng Apo market at Mactan will be permitted.

• Vehicles/Tricycles coming from Tabacuhan Road going to the Memorial Park will utilize Tulio St. as entrance.

• Magiting Street (on one side) is designated as a Temporary Tricycle Terminal.

• And the Color Coding of Public Utility transport specially the yellow ones will be suspended for that day.

The Presiding Officer asked the Councilor of how many personnel will man the operation and if it will be considered an overtime.

Councilor Cortez said that there will be 43 personnel who will man the two areas mentioned and an average of 16 hours shift.

A follow-up question by the Presiding Officer concerns the Kalaklan Gate of SBMA, if it will be accessible; and if the staging area of container vans near the customs can be used as parking area. Councilor Cortez answered that the Kalaklan Gate will be opened to light private vehicles and the area near Customs Office can be used as free parking area.

Councilor Gina Perez apprised the body of her committee schedules. A committee meeting is set on Oct. 31, 2007, 9:00 o’clock in the morning to discuss the following items:

1. Creation of Dental Health Division under the City Health Department.

2. The letter from Personnel Office regarding the selection of the Employee of the Month or Employee of the Year.

3. Request from the City Planning and Development Office for changes in their organization.

As the Chairman of the Committee on Tourism, the Councilor reported that the soft opening of the Kalaklan Lighthouse is on October 31. The said event is in partnership with the Olongapo Business Club. SBMA has given the City its MOA regarding the management of the Kalaklan Lighthouse.

Councilor Perez also mentioned that the City will hold a Mardi Gras on Nov. 22, 23 and 24, 2007 coinciding with the 20th Philippine Advertising Congress. The city’s own version of Night Market is also being planned to be placed along RM Drive up to December 31, 2007.

The Councilor requested her colleagues to amend the Tourism Code and include the liquor ban exemption to benefit tourism related establishments.

Lastly, Councilor Perez informed the body that there is an invitation from the Greater Subic Bay Bureau to the Subik-Subik Festival on November 2, 3 and 4. The City is assigned on November 4. The mini Sibit-Sibit Festival will be held in the morning.

Calendar of Business

Second Reading:

1. 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

2. 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 approved by the body thru a majority decision on its second and final reading.

3. 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”, was unanimously approved by the body on its second and final reading, on motion of Councilors Elena C. Dabu and co-sponsored by Marey Beth D. Marzan.

4. On motion of Councilor Marzan, 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.”, was deferred by the body.

5. Draft Ordinance No.2007 – O-37 - “An Ordinance Appropriating The Amount Of One Million Three Hundred Seventy-Five Thousand Pesos (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”, was deferred by the body, on motion of Councilor Marey Beth D. Marzan.

6. Draft Resolution No. 2007 – R-86 – “A Resolution Authorizing The Honorable City Mayor To Enter Into A Contract Of Agreement With The Qualified/Winning Bidder For The Lease Of Space In Front Of James L. Gordon Memorial Hospital”, was deferred by the body on motion of Councilor Marey Beth D. Marzan.

7. On motion of Councilor delos Reyes, Draft Ordinance No. 2007 – O-39 – “An Ordinance Amending Section 1 Of Ordinance No. 28, Series Of 2005 Requiring All Drivers Of Public Utility Vehicles For Hire To Attend A Defensive Driving Seminar”, was approved unanimously by the body on its second and final reading.

8. Draft Ordinance No. 2007 – O-41 – “An Ordinance Appropriating The Amount Of Fifty Thousand Pesos (PhP50,000.00) As Financial Assistance To Greater Subic Tourism Board As Counterpart Of The City For The Subik, Subik Festival 2007 To Be Held On November 2-4, 2007 To Be Taken From The Unappropriated Balance Of The General Fund To The Item “Donation” Under Maintenance And Other Operating Expenses (MOOE) Of The Office Of The City Mayor”, was approved unanimously by the body on its second and final reading, on motion of Councilor Marey Beth D. Marzan co-sponsored by Councilor Gina G. Perez

9. On motion of Councilor Marzan, Draft Resolution No. 2007 – R-88 – “A Resolution Authorizing The City Mayor To Enter Into Contract Of Memorandum With Gloria F. Revero For The Lease Of Space At Gordon College”, was deferred by the body.

10. Draft Resolution No. 2007 – R-89 – “A Resolution Authorizing The City Mayor To Enter Into Contract Of Memorandum With Beatriz Arinsol For The Lease Of Space At Gordon College”, was deferred by the body on motion of Councilor Marey Beth D. Marzan.

Other Matters

A. On motion of Councilor Perez, Draft Resolution No. 2007 – R-90 – “A Resolution Of Authorizing The City Mayor James Gordon Jr. To Enter Into A Memorandum Of Agreement With The Olongapo Business Club, Inc. Represented By Its President Mr. Samuel Del Rosario For The Opening Of The Kalaklan Lighthouse In Barangay Kalaklan, Olongapo City On October 31 To November 1, 2007”, was considered as an urgent matters and was opened for discussion.

Councilor Perez mentioned that she will delete the last paragraph on “resolved further” because she does not have yet the signed MOA.

With regard to the MOA, the Presiding Officer asked the decision of the body particularly of the proponent, on her suggestion to add the set parameters or restrictions set by the City Council in the proposal for safety and security.

Councilor Perez enumerated the parameters she noted in their discussion to be included in the resolution. These are the limited capacity of the area; ensure safety and security of the area; no commercial parking in the said location; to share the parking area with the city government activities; no alcoholic beverages will be served; and that the resolution shall be signed by all City Council Members after inspection which is scheduled after the session.

Councilor delos Reyes suggested that since the City Engineer mentioned some areas in the parola where the ground is soft, people shall be prohibited from going near with the proper demarcation.

Councilor Cortez added that they should height limitation for children should be set like children under four (4) feet in height must not be allowed there with or without companion due to the railings. He also said that curfew hours and operation hours should also be set. The body agreed that it shall be up to 12 midnight.

Draft Resolution No. 2007 – R-90 was approved by majority vote on its first, second and final reading on motion of Councilor Gina Perez.

Eight Councilors voted in favor which includes Councilors Gina G. Perez, John Carlos G. delos Reyes, Rodel S. Cerezo, Marey Beth D. Marzan, Edwin J. Piano, Anselmo A. Aquino, Elena C. Dabu and Robine Rose C. Buenafe.

Councilors Sarah Lugena Lipumano-Garcia and Aquilino Y. Cortez, Jr. opposed the said measure.

Councilor Piano put on record that the measure is not yet given a complete approval pending the actual ocular inspection as agreed by the body.

The Presiding Officer said that the basis of the affirmation will be the ocular inspection and if they will affix their signatures.

B. The following items were considered by the body as urgent matters and were approved unanimously on first, second and final reading:

1. A Resolution Thanking Her Excellency Ambassadress Kristie Kenney Of The United States Of America For Extending A Cordial Visit To The City Of Olongapo. Unanimous

2. A Resolution Expressing Heartfelt Gratitude To Commanding Officer Dan Christofferson And The Servicemen Of USS Connecticut For Spearheading Community Relations Projects In The City Of Olongapo. Unanimous

3. A Resolution Expressing Deepest Condolence And Sympathy To The Guerrero Family, Bereaved With The Passing Away Of Their Patriarch, Mr. Manuel Rafanan Guerrero. Unanimous

4. A Resolution Expressing Deepest Condolence And Sympathy To The Vizcocho Family, Bereaved With The Passing Away Of Their Patriarch, Mr. Victorio S. Vizcocho, Sr. Unanimous

Adjournment

There being no further matters to be discussed, the session was adjourned at 3:45 in the afternoon.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer