Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 7, 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

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

Absent:

None.

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:45 in the afternoon.

Roll Call

With twelve (12) members and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

On motion of Councilor Gina Perez, the minutes of the regular session dated September 11, 2007 was unanimously adopted by the body.

Reading and Approval of the Day’s Agenda

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

First Reading:

1. Draft Ordinance No. 2007 - O- 42 – An Ordinance Establishing The Employee Of The Month (EOM) And The Employee Of The Year (EOY) Program Of The City Government Of Olongapo. Sponsored by Councilor Gina G. Perez

2. Draft Ordinance No. 2007 - O- 43 – An Ordinance Implementing Temporary Closure Of The Ramon Magsaysay Drive From November 22, 2007 To December 31, 2007. Sponsored by Councilor Gina G. Perez

3. Draft Ordinance No. 2007 – O – 44 – An Ordinance Appropriating The Amount Of Seven Thousand Five Hundred Pesos [PhP7,500.00] To The Item Rewards And Other Claims Under Maintenance And Other Operating Expenses (MOOE) Of The Office Of The City Mayor. Sponsored by Councilor Marey Beth D. Marzan

4. Draft Resolution No. 2007 – R – 91 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) Between The City Health Office And AMA Computer College, Inc.-Olongapo Campus As Represented By Its School Director Mr. Raul T. Del Rosario For Affiliation With The City’s Barangay Health Center As Training Venues For The School’s Nursing Aide, Caregiver And Practical Nursing Students To Comply With Their Course Requirements. Sponsored by Councilors Angelito W. Baloy And John Carlos G. Delos Reyes

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 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

3. 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

4. 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

5. 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

6. 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 Baloy moved to correct on first reading, item 4, Draft Resolution No. 2007 – R – 91 – “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) Between The City Health Office And AMA Computer College, Inc.-Olongapo Campus As Represented By Its School Director Mr. Raul T. Del Rosario For Affiliation With The City’s Barangay Health Center As Training Venues For The School’s Nursing Aide, Caregiver And Practical Nursing Students To Comply With Their Course Requirements”. The word “For Affiliation” was changed to “To Affiliate”

In addition to the agenda, Councilor Marzan moved for the inclusion in the first reading, “A Resolution Authorizing The City Vice Mayor Cynthia G. Cajudo In Behalf Of The Office Of The City Council To Enter Into A Rental All-In Consumables Service Agreement (RACSA) With Xerografix Business Products And Services, Inc.”

Finally, on motion of Councilor Rodel Cerezo, the days’s agenda was approved as amended.

Communications and Referrals of Business

Communications Read:

1. Canvassed Election Returns of the Synchronized Barangay and Sangguniang Kabataan Elections of Barangay Asinan, Olongapo City. (For notation of everyone)

2. A Notice of Hearing from Grace V. Manuel, Officer-in-Charge, Commission Secretariat of the National Telecommunications Commission, Quezon City for the request of the applicant, All Asia Broadcast Systems, Inc. for the issuance of a certificate of Public Convenience to install, operate and maintain a Digital Mobile Broadcasting System Nationwide. This application will be heard by the Commission on November 13, 2007 at 9:30 A.M. at its offices, National Telecommunications Commission, BIR Road, East Triangle, Diliman, Quezon City. (Referred to Councilor Piano)

3. Copy of the letter from Councilor Edwin J. Piano, Chairman, Committee on Ways and Means addressed to the Hon. City Mayor James Gordon, Jr., about the conduct of public hearings regarding the proposed Draft Ordinance No. 2007-0-22 entitled, An Ordinance Repealing The 2002 Revenue Code and Providing For The Olongapo City 2007 Revenue Code on November 9, 2007 and November 16, 2007 at 9:00 A.M. at the FMA Hall and requesting to invite concerned Department Heads, ESMO, Engineering, CSWD, CPDO, MIS, LCR, City Health and members of the Task Force on Revenue Revisions to attend said hearings as resource persons. (Referred to Councilor Piano)

4. Copy of a letter from City Vice Mayor Cynthia G. Cajudo regarding GAD Project 2008.

5. Committee report from Councilor Gina Gulanes Perez, Chair, Organizational Development and Personnel Matters for the Hon. City Vice Mayor Cynthia G. Cajudo regarding the proposals to create Dental Office Division under the City Health Department, Employee of the Month/Year Program and proposed re-organization of the City Planning and Development Office. (For information of everybody)

6. Letter from Councilor Rodel S. Cerezo, President and other officials of the Young Men’s Christian Association Of Olongapo City addressed to the Honorable City Vice Mayor Cynthia G. Cajudo thru: the Sangguniang Panlungsod soliciting support to subsidize the cost of the community pool much needed water. (Referred to the Committee on Appropriations)

7. Letter from Faustino D. Almeda of No. 19 Graham Street, Brgy. East Bajac-Bajac, Olongapo City addressed to Hon. Councilor Jong Cortez regarding his request to transfer Pedestrian Lane at Ulo ng Apo. (Referred to Councilor Cortez)

8. Memorandum from Fernando M. Magrata, OIC, City Administrator to City Department/Office Heads regarding the Schedule of Annual Physical Examination of the government employees on November 5 to 9, 2007 in connection with the implementation of the City Ordinance No. 46, Series of 2007. For our office, we have Joel Lacbain. (Referred to the Committee on Heath)

9. Memorandum from Engr. Victor S. Bernabe, OIC, General Services Office addressed to All Office/Department Heads regarding the Annual Procurement Plan for CY 2008. The last day of submission will be on the first week of December 2007.

10. Copy of the Sheriff’s Report on the Anita Sapno, et. al., plaintiffs, versus Freeport Service Corporation, (FSC), represented by President/CEO Jose M. Calimlim and Subic Bay Metropolitan Authority represented by its Administrator Armand C. Arreza and Chairman Feliciano G. Salonga on the Civil Case No. 203-0-07, submitted by Armando S. Ravelo, Sheriff IV, Regional Trial Court, Third Judicial Region, Branch 72, Olongapo City signed by the respective receiving personnel to acknowledge receipt. (For information of everybody)

11. Committee report of Councilor Angelito. W. Baloy, Committee Chairman, Business & Economic Enterprises and Health & Public Welfare regarding the proposed creation and establishment of a Dental Health Division under the City Health Department held last October 31, 2007 at the City Session Hall. It was realized that the City Health and City Budget and City Personnel Offices were not consulted.

12. Copy of the letter from Lynn Danao-Moreno, Office of the President of the Philippines, Malacañang, addressed to Hon. Armand C. Arreza, SBMA Administrator, referring for information and or appropriate action n SP Resolution No. 145, Series of 2007, Olongapo City reiterating complaint against the SBMA Freeport Services Corporation’s (FSC’) Night Bazaar.

13. Invitation from Corona Management Center of the Philippines regarding various seminars. (For information of everybody)

14. Notice of power interruption for tomorrow from 9:00 A.M. to 12:00 noon. Affected areas are Mercurio line, Feeder 2, whole of Old and New Cabalan, along National Highway, Damsite area, WBB, whole of Sta Rita Village, along Balic-Balic road from Seventh Day, Adventist to Balic Balic bridge; whole of Dominguez St., Sta. Rita side of Mabayuan River from Dell’s Resort to Balic-Balic bridge and the reasons are erection for primary pole at Old and New Cabalan and trimming of trees.

And also on Nov. 9, 2007, that’s Friday from 9:00 A.M. to 12 noon and to Feedler 21KL4, portion of East Tapinac bounded by Rizal Avenue, Magsaysay Drive and 3rd Street, portion of New Asinan bounded by Rizal Avenue, 3rd Street., Perimeter Road and Magsaysay Drive along W-2nd Street, and the whole of West Tapinac and New Banicain for the reasons of transfer of primary lines to newly erected concrete electrical pole at 3rd Street corner Fendler Street, East Tapinac and 22 Fendler St. East Tapinac.

Committee Reports

Under the Committee on Organizational Development and Personnel Matters, Councilor Perez reported about the Committee meeting conducted in connection with the proposed creation of the Dental Office under the City Health Department together with concerned department heads namely: Josie Nieves of the City Budget, Letty Doropan of Personnel Office and Dr. Arnildo Tamayo of City Health Department.

In the meeting, they came up with the findings on the said proposal. First, the City Health Department Head was not consulted as his signature was not affixed in the letter-proposal of Dr. Vigo. The Budget Office and Personnel Office were not consulted, likewise the assessment also showed that in the present organizational Chart of the James Gordon Hospital, the Dental Division was already included as observed by Councilor Gie Baloy. Lastly, there are already two dentists in the City Government wherein one application is currently being processed.

With all these findings, As Chair of the Committee on Personnel Matters, she gave the following recommendations:

a. Undergo proper coordination with the Head of City Health Department if there is a need for an additional division and manpower under his jurisdiction.

b. Discuss manpower requirement with Personnel Office and financial needs with Budget Office.

c. If the Dental Division is an income generating, as it will require fees, the position should be placed best under James Gordon Hospital to be approved by the Sanggunian.

d. The proposal is best referred to the City Administrator’s Office, since it will spearhead the restructuring of the City Government.

Another matter referred to the said Committee, was about the Employee of the Month, Employee of the Year Program. According to Councilor Perez, it will need a budgetary requirement of PhP200,000.00 annually. She recommended to draft an Ordinance establishing the Employee of the Month, Employee of the Year Program and to include its budgetary requirements to the 2008 budget of the Mayor’s Office under the incentives and indemnities items. There is no need to appropriate.

Another proposal coming from the CPDO Head, Arch. TK Balde was forwarded to the Committee, regarding their reorganization. Upon careful study of the proposal, it was fund out that it will entail abolition of positions and the creations of new ones which will affect almost all employees, since positions will be changed and salaries will be adjusted. The Budget and Personnel Offices were not consulted either. It was recommended to refer the whole matter to the re-organization committee under Mr. Ferdie Magrata.

For the Committee on Markets, Councilor Dabu reported about the hearing on the case between SBMA Night Bazaar versus Anita Sapno et al Civil Case 203-0-07. She informed the body that the court already issued a TRO on the case filed by Anita Sapno against respondents Jose Calimlim, Armand Arreza and Chairman Feliciano Salonga. However, the court order was not followed by Gen. Calimlim. Another TRO was issued last Oct. 22, 2007 for a 17-day extension. In a hearing attended by Councilor Cerezo, SBMA’s lawyers filed a motion to dismiss and motion to dissolve the TRO. The Court’s decision to be issued on November 9, whether to dismiss or not, the market vendors will still stage a rally infront of the Justice Hall at 8:00 AM.

As Chair on the Committee on IT and Telecommunication, Councilor Piano informed the body about the presentation made by the representatives of Globe Telecom about their proposed project to operate a telephone system in the area. The previous Sanggunian passed a Resolution last September 1, 2004 expressing no objection on the application of Globe Innove Communication. However, it received strong opposition from PLDT, Subic Tel and PILTEL. With the expiration of the existing contract of PILTEL as exclusive telecom provider last June 2004, after two years, Globe Innove received their provisional authority to operate.

An ocular inspection was conducted by representatives from Planning, Engineering, DPWH and Mayor’s Offices, to inspect the sites where the telephone cabinets will be installed. These are at Block 1, Gordon Heights, Arthurt St., WBB, Elicano St., EBB, and Pag-asa Market. The project is 50% completed and has submitted 80% of their requirements. Sanggunian will be passing a resolution authorizing the Globe Telecom to proceed with the implementation of the project. PhP10,000 has been paid for application fee and the Treasurer’s Office is now assessing how much taxes will be imposed on the equipments they will put-up in the city.

In relation to the report of Councilor Perez, in their joint committee hearing regarding the proposed creation of a Dental Division under the City Health Office, Councilor Gie Baloy as Chair of the Committee on Business and Economic Enterprises and Health and Public Welfare, issued a parallel recommendation on the matter.

a. Review of proposal in coordination with the head of the department for possible inclusion of inputs coming from the James Gordon Hospital Administration and City Health Office to ensure practicability of the said proposal, since there is an existing Dental Division in the organization.

b. Documentation of the clamors demanded by various sectors for justification.

c. A comprehensive statement of financial feasibility such as service rates, projected number of patients, computation of projected income, life span of equipments and depreciation cost.

Councilor Buenafe rendered a report on the result of the recent SK Election giving information on the total number of 4,224 registered SK voters, where 2,948 or 70% voted in the election.

Under the Committee on Transportation, Councilor delos Reyes informed the body about the present dispute between two factions who wanted to take control of the SRFGODA, the yellow jeepney association. The dispute is affecting the process of election wherein the committee is forced to intervene. There was no election of officers for the past three years. To be able to get accredited by the city government, an association must get recognized to handle the City Planning IDs for drivers to be able to ply their routes. It was suggested by Councilor delos Reyes that there must be a Memorandum of Agreement entered between the association and the City Government and any Board Resolution passed must be subject for review by the Committee on Transportation.

Calendar of Business

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 by the body on motion of Councilor Edwin J. Piano.

2. On motion of Councilor Baloy, 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 tabled for lack of public hearing.

3. On motion of Councilor Marzan, 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 pending the receipt of the Certificate of Availability of Funds.

4. Councilor Gie Baloy moved for the approval of 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”.

Before its approval, Councilor Gie Baloy, moved to amend the title to read, “A Resolution Authorizing The Honorable City Mayor To Enter Into A Contract Of Agreement With The Qualified/Winning Bidders For The Lease Of A 30-Square Meter Space In Area 3 As Described In Ordinance No. 37, Series Of 2007”.

Finally, on joint motion of Councilors Marey D. Marzan and Gie Baloy, the same was passed through a majority vote on second and final reading.

Councilors Gina G. Perez, Rodel S. Cerezo, Marey Beth D. Marzan, Edwin J. Piano, Angelito W. Baloy. Aquilino Y. Cortez, Jr., Elena C. Dabu and Robine Rose C. Buenafe, voted in favor of the said Resolution.

Councilors John Carlos G. delos Reyes, Sarah Lugena Lipumano-Garcia and Anselmo A. Aquino opposed to the proposed measure.

Councilor Carlito A. Baloy requested to be excused.

5. 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 on motion of Councilor Marey Beth D. Marzan

6. On motion of Councilor Marzan 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

Other Matters

A. On motion of Councilor Marzan, “A Resolution Authorizing The City Vice Mayor Cynthia G. Cajudo In Behalf Of The Office Of The City Council To Enter Into A Rental All-In Consumables Service Agreement (RACSA) With Xerografix Business Products And Services, Inc”, was considered as an urgent matter and was approved unanimously on its second and final reading.

Councilor Piano expressed the necessity of having a new xerox machine for the City Council. He suggested that the specifications of the machine should be scrutinized carefully and described it to have a scanner network, 3-in-1 with high speed heavy duty, 55 pages per minute out put, superior print quality, electronic sorter/collator. He affirmed that it is the kind of machine the office needs.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:00 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