Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON DECEMBER 12, 2007 AT THE CITY HALL

Present:

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

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

Absent:

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

(Sick Leave)

Hon. Elena C. Dabu- - - City Councilor

(On Official Business)

Call to Order

On motion of Councilor Anselmo A. Aquino the body approved the appointment of Councilor Gina G. Perez as the Temporary Presiding Officer in lieu of the Vice Mayor Cynthia G. Cajudo who is on sick leave for today’s regular session only.

The Temporary Presiding Officer Gina G. Perez called the session to order at 5:00 in the afternoon.

Roll Call

With ten (10) members including the Temporary Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

Before the adoption of the minutes dated October 18, 2007, corrections were noted.

page 8 – after item no. 4, the word sanggunian.com shall be spelled with a single “g” “sangunian.com”, and the following words the City Councilor’s common email . . . shall read as the “City Council’s” common email.

With no other observation, the body adopted the minutes of the Regular Session held last October 18, 2007, as corrected, on motion of Councilor Gie Baloy.

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 Resolution No. 2007 – R-111 – A Resolution Authorizing The City Mayor Hon. James Gordon, Jr. To Enter Into Contract Of Agreement With The Qualified/Winning Bidder Of The Lease Of 52.8 Sq. Meter Space Inside Gordon College For The Operation Of Canteen. Sponsored by Councilor Marey Beth D. Marzan

2. Draft Resolution No. 2007 – R-112 – A Resolution Authorizing The City Mayor Hon. James Gordon, Jr. To Enter Into Contract Of Agreement With The Qualified/Winning Bidder Of The Lease Of 3 Ft. By 12 Ft. Space Within Gordon College Territory For The Operation Of Canteen. Sponsored by Councilor Marey Beth D. Marzan

Second Reading:

1. Draft Ordinance No. 2007 – O–45 - An Ordinance Appropriating The Amount Of Ninety Nine Thousand Eight Hundred Fifty Two Pesos And Twenty Four Centavos (PhP99,852.24) To Be Taken From The Unappropriated Balance Of The General Fund Made Available To The Personal Services Of The Office Of The Sangguniang Panlungsod. Sponsored by Councilor Marey Beth D. Marzan

2. Draft Ordinance No. 2007 – O-47 – An Ordinance Amending Certain Provisions Of Ordinance No. 97, Series Of 1999, Entitled “An Ordinance Amending Certain Provisions Of Ordinance No. 22, Series Of 1990, Entitled “ An Ordinance Authorizing Traffic Law Enforcement Officers To Tow And Impound Motor Vehicles And/Or Remove Traffic Obstruction In Any Public Street Or Thoroughfare Within Olongapo City And For Other Purposes.”” Sponsored by Councilor Aquilino Y. Cortez, Jr.

3. Draft Resolution No. 2007 – R-101 – A Resolution Authorizing The City Mayor Hon. James Gordon, Jr. To Enter Into A Memorandum Of Agreement With Subic Water For An Offsetting Of Monthly Water And Power Bills Between Subic Water And The Olongapo City Government. Sponsored by Councilor John Carlos G. Delos Reyes

4. Draft Resolution N0. 2007 – R-107 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement With The Subic Bay Metropolitan Authority (SBMA) Represented By Its Administrator Armand C. Arreza For The Operation Of The Kalaklan Lighthouse. Sponsored by Councilor Gina G. Perez

5. Draft Resolution No. 2007 – R-109 – A Resolution Approving The List Of City Priority Infrastructure Projects For The Calendar Year 2008. Sponsored by Councilor Anselmo A. Aquino

6. Draft Resolution No. 2007 – R-105– A Resolution Interposing No Objection On The Applications Of Globe Telecom To Construct And Install Aerial Cables, Poles And Guy Support And Telephone Cabinets In Barangays Gordon Heights, West Bajac-Bajac, East Bajac-Bajac, Barretto, Pag-Asa And Other Areas Within The Territorial Jurisdiction Of Olongapo City. Sponsored by Councilor Edwin J. Piano

In addition to the agenda, Councilor delos Reyes moved for the inclusion in the first reading, “A Resolution Authorizing The City Mayor Hon. James “Bong” Gordon, Jr. To Extend The Term Of The Memorandum Of Agreement With Subic Bay Workers/Volunteers Multi-Purpose Cooperative, Inc. (SBWVMPCI) For Janitorial, Ground And Maintenance Services Until December 31, 2007”.

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

Communications and Referrals of Business

Communications Read:

1. Resolution No. 2, Series of 2007 of Barangay Council of New Kababae, Olongapo City, entitled “A Resolution Appointing Mr. Romeo L. Agustin As Barangay Secretary And Mrs. Rowena O. Rizara As Barangay Treasurer, Effective November 30, 2007.” (Referred to the Committees on Barangay Affairs and Laws)

2. Letter from Councilor John Carlos G. Delos Reyes addressed to the Manager, Bamboo Jam, 41 Fendler, East Tapinac, Olongapo City informing that he received reports of men dancing naked in his establishment in violation of law and ordinance. He will ask that an inquiry be conducted to afford due process and that the establishment be placed in the list of businesses to be closely monitored. (Referred to the Committees on Business and Laws)

3. Another letter from Councilor JC addressed to the Manager of KIRIKIT, 100 Magsaysay Drive, East Tapinac, Olongapo City informing that he received reports of women dancing naked in the establishment in violation of law and ordinance, and he will ask that an inquiry be conducted to afford him due process and that his establishment be placed in the list of businesses to be closely monitored. (Referred to the Committees on Business, Laws, and Women)

4. Resolution No. 5, Series of 2007 of Barangay New Kababae, Olongapo City, entitled “A Resolution To Retain The PNP Precinct 2 Located Near The Barangay Hall, New Kababae, Olongapo City.” (Referred to the Committees on Peace and Order and Laws)

5. Letter from Councilor John Carlos G. Delos Reyes addressed to the Honorable City Mayor James “Bong” Gordon, Jr., Attention. Engr. Lopez requesting that a commercial electric meter be installed for Legobrick Systems and Designs, a sole proprietorship in the business of producing interlocking bricks located at Boys Town and Girls Home at Purok 7, New Cabalan. (Referred to the Committee on Public Utilities)

6. Letter from Councilor JC, addressed to Hon. City Mayor James Gordon, Jr., attention: Atty. Angelito Orozco seeking administrative and/or court action on the following cases:

a. Carmelita Yco whose residence at Canda St., has been damaged due to the illegal construction of a building under the name of Young Bin Chua;

b. The complaint of Mr. Mauro Turalba for abatement of nuisance in the form of a steel gate at Narra St., Brgy. Barretto;

c. The Day Care Center at Old Cabalan which was illegally sold to a private party;

d. The proposed basketball court at Sibul, West Bajac-Bajac possessed by Ms. Noema Bernal subject of Adm. Case 03 entitled Bernal vs. Capistrano where it was shown that the Barangay West Bajac-Bajac did not have any legal basis to claim and occupy such property.

(Referred to the Committees on Laws and Barangay Affairs)

7. Letter from Ms. Rosario Reyes addressed to Mr. Neal Perez, Head of Business Permit Division concerning the repeated violations of Sec. 1-2.1 of Ordinance No. 78, Series of 2005 made by the management of Booth Box Internet Café, #3 Aguinaldo St., East Tapinac owned by Dinky Agsaoay. (Referred to the Committees on Business, and Laws & Investigation)

8. Letter from Mr. Ireneo N. Cornelio, Asst. Market Superintendent addressed to Hon. James Gordon, Jr., City Mayor, regarding the Comparative Statement of Income of Markets and Slaughterhouse Division years 2006 and 2007. Olongapo City Public Market increase of PhP8,964.13; James L. Gordon Avenue Market & Mall increase of PhP3,060.00; and the City Abattoir decrease of PhP41,048.00. (Referred to the Committees on Markets and Ways and Means)

9. Notice of Meeting issued by the Hon. James Gordon, Jr., City Mayor addressed to All Members of the Olongapo City Disaster Coordinating Council and All Barangay Chairmen, regarding the submission of 2008 Work and Financial Plan on Dec.18, 2007, 9:00 A.M. at FMA Hall. Also submission of major accomplishments related to Disaster Management for FY 2007 is requested and to be submitted December 10, 2007. (Referred to the Committees on Peace and Order and Barangay Affairs)

10. List of Barangay Officials, SK, and personnel of Barangay New Kababae. (For information of everybody)

11. 1st Indorsement dated Dec. 10, 2007 from Engr. Narciso L. Martinez, Jr., Asst. City Engr., OIC submitted to Hon. Cynthia G. Cajudo, Presiding Officer and Vice-Mayor the Annual Implementation Program of Infrastructure Projects for the Year 2008. (Referred to the Committees on Appropriations and Public Works and Engineering)

12. Letter of Col. Jose A. Aquino Jr. MPM, Head of OTMPS (Olongapo Traffic Management and Public Safety) addressed to Ms. Katherine Reyes, et al, Olongapo City National High School, expressing his gratitude for their concerned about “Air Pollution” in the city. (Referred to the Committees on Traffic, Transportation and Environment)

13. Copy of Resolution No. 11, Series of 2007, An Appropriation Ordinance No. 01, Series of 2008 submitted by Barangay Barretto, Olongapo City. (Referred to the Committees on Ways & Means and Appropriations)

14. Copy of the Memorandum issued by Councilor Anselmo Aquino as Chair of the Committee on Engineering and Public Works addressed to Arch. Tony – Kar M. Balde III, City Planning and Development Coordinator about the list of City Priority Projects of Calendar Year 2008 asking if the said projects are included in the Annual Investment Program for the Calendar Year 2008 and requesting Arch. Balde to coordinate with the Office of the City Engineering. (Referred to the Committee on Public Works and Engineering)

15. Communication from Councilor Aquino addressed to Engr. Narciso Martinez, Jr. with the same above-mentioned subject and requesting him to coordinate with the Office of the City Planning. (Referred to the Committee on Public Works and Engineering)

Committee Reports

N o n e

Calendar of Business

1. Pending a Certificate of Availability of Funds, Draft Ordinance No. 2007 – O–45 – “An Ordinance Appropriating The Amount Of Ninety Nine Thousand Eight Hundred Fifty Two Pesos And Twenty Four Centavos (PhP99,852.24) To Be Taken From The Unappropriated Balance Of The General Fund Made Available To The Personal Services Of The Office Of The Sangguniang Panlungsod”, was deferred by the body, on motion of Councilor Marey Beth D. Marzan.

2. Councilor Cortez moved to open for discussion Draft Ordinance No. 2007 – O-47 – “An Ordinance Amending Certain Provisions Of Ordinance No. 97, Series Of 1999, Entitled “An Ordinance Amending Certain Provisions Of Ordinance No. 22, Series Of 1990, Entitled “ An Ordinance Authorizing Traffic Law Enforcement Officers To Tow And Impound Motor Vehicles And/Or Remove Traffic Obstruction In Any Public Street Or Thoroughfare Within Olongapo City And For Other Purposes.””

Councilor Lipumano wanted to know from the proponent what traffic obstruction along public street is he referring to, because, there are stalls along 21st Street that are obstructing the street in the public market. The proponent explained, these are obstructions in all public streets that impede the smooth flow of traffic and made assurance that the OTMPS will do its best to remove these obstructions.

Councilor Piano wanted to clarify what is there to be amended in the ordinance. In response, the proponent informed the body that it needs to update the old rates and seek to increase the rates due to high cost of maintenance of tow trucks. The decision for rate increase has gone through a public hearing last December 7. Representatives from various business establishments, transport groups, and the SBMA Law Enforcement and Seaport Department were also there. The topics discussed concerned on the possible implementation of truck ban and the increase of towing and lifting fees. The response of representatives to the proposal were positive and were not opposed, considering that the old rates imposed were way back 1999. There was no available exact figures that the proponent could provide, when asked as to the record of the number of vehicles towed in the past. The tow truck of the city has just been rehabilitated or reconditioned last November 1, in time for the All Souls Day celebration. The reason for the request of Col. Aquino to increase the rates was to cope up with the cost of maintenance.

With regard to the problem on the stalls of vendors along the public market, they coordinated with the Committee of Councilor Dabu and the vendors association, together with the Bureau of Fire Protection, they have conducted a clearing operation by removing or making adjustments of stalls that are blocking the passage of fire trucks at the said market streets in case of emergency.

In response to the concerns of Councilor Lipumano regarding the stalls placed right in the middle of 21st Street of the public market, Councilor delos Reyes explained that these stalls were placed there as a remedy to relocate those vendors whose stalls were damaged after the fire. He considered it as a temporary obstruction while finding ways to have a long term solution to the problem. He mentioned that there are proposals to extend the market by occupying the street as part of the market. Other plans is to privatize the market and rehabilitate it in order to accommodate the sidewalk vendors. As the sponsor of the ordinance creating the Vendors Management Team (VMAT), whose task is to oversee the operation of the VMAT, he emphasized that the VMAT has no power to grant space or provide businesses to vendors. According to the Councilor, it is a gargantuan effort on the part of the city to balance the need to maintain the sanitation peace and order and safety in the streets, at the same time protect the welfare and the livelihood of small vendors which are being accommodated to sell in the streets. He expressed his agreement with the opinion of Councilor Lipumano that stalls at 21st street should be removed, at the proper time.

The Chair requested all committees concerned to conduct a joint committee study regarding this matter in order to come up with better solutions to the proliferation of sidewalk vendors. In her conversation with Lino Mañago, he was informed of the inadequate spaces for sidewalk vendors. Available vacant lots are other options, but owners are reluctant to offer their space.

Other observations from Councilor Piano on the proposed increase of rates was the intention of private contractors to offer its services for towing but did not materialize due to the lower rates being offered. Councilor Cortez clarified that it was due to the rehabilitation of the tow truck of the City that prevented the plan. Councilor Piano also shared his bad experience when his own car was badly damaged when it was towed. He suggested other options such as the use of tire lock be applied. Councilor Cortez assured that they will also consider that as an option. While Councilor Aquino insisted they should appropriate some funds for the repair and maintenance of tow trucks in order not to hamper its continuous operation in case it will bog down.

The proponent also assured Councilor Lipumano that official receipts are properly issued for the payments of fees.

After a long discussion, Councilor Cortez moved to approve Draft Ordinance No. O-47. With eight members voting in favor and with one opposed, the Ordinance was approved by a majority vote. Councilor Piano explained for his opposition based on his personal experience that towing can damage vehicles, while the city can choose other options that will not cause any damage at all.

3. Draft Resolution No. 2007 – R-101 – “A Resolution Authorizing The City Mayor Hon. James Gordon, Jr. To Enter Into A Memorandum Of Agreement With Subic Water For An Offsetting Of Monthly Water And Power Bills Between Subic Water And The Olongapo City Government”, was tabled on motion of Councilor John Carlos G. Delos Reyes.

4. On motion of Councilor delos Reyes Draft Resolution N0. 2007 – R-107 – “A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement With The Subic Bay Metropolitan Authority (SBMA) Represented By Its Administrator Armand C. Arreza For The Operation Of The Kalaklan Lighthouse”, was deferred by the body.

5. While still waiting for the answers of Arch. Balde and Engineer Martinez, Draft Resolution No. 2007 – R-109 – “A Resolution Approving The List Of City Priority Infrastructure Projects For The Calendar Year 2008”, was deferred by the body, on motion of Councilor Anselmo A. Aquino.

6. Draft Resolution No. 2007 – R-105– “A Resolution Interposing No Objection On The Applications Of Globe Telecom To Construct And Install Aerial Cables, Poles And Guy Support And Telephone Cabinets In Barangays Gordon Heights, West Bajac-Bajac, East Bajac-Bajac, Barretto, Pag-Asa And Other Areas Within The Territorial Jurisdiction Of Olongapo City”.

Since the aforementioned Draft Resolution was tabled, Councilor Cerezo said that the same shall be first lifted. Councilor Piano moved to lift from the table.

However, Draft Resolution No. 2007-R-105 was deferred by the body, on motion of Councilor Piano because the Globe Telecom lawyer was not present.

Other Matters

A. Councilor delos Reyes moved for the urgency of “A Resolution Authorizing The City Mayor Hon. James “Bong” Gordon, Jr. To Extend The Term Of The Memorandum Of Agreement With Subic Bay Workers/Volunteers Multi-Purpose Cooperative, Inc. (SBWVMPCI) For Janitorial, Ground And Maintenance Services Until December 31, 2007”.

He said that with the expiration of the MOA with the City Government for janitorial services, there is a need to authorize the City Mayor for a new agreement extending the term of the memorandum to continue the services and yet, the bidding has not yet been done. Councilor delos Reyes said, we cannot allow the SBWVMPC to cease its operation because the facilities of the hospital, the college, city hall and museum that they are servicing will be prejudiced. Councilor Piano inquired to the proponent whether the previous contracts were ever ratified and at the same time questioned why the complete neglect on the part of the GSO that they waited this long to let the contract expire without doing anything. He added, this is the fourth incident that it happened and they never learned. He suggested to write the GSO and demand for an explanation in writing why this incident is repeatedly happening. Councilor delos Reyes agreed to the suggestion, to let the Department Heads involved that they should be made aware that it is anticipated that contracts have expiration and biddings have to be conducted and it is their duty to perform this.

After a thorough discussion, the said resolution was unanimously approved on its second and final reading.

B. Privilege Speech of Councilor Lipumano:

Fellow Councilors and colleagues, ladies and gentlemen, I take this opportunity to all of you and call your attention to an incident which I strongly believe affects not only me but all of us in one way or another.

A few nights ago, I opened my E – mail and viewed an entry, Updated Directory of Olongapo City Officials. It was a list of all the important officials of the City, both elected and appointed with their corresponding contact numbers. It even included the latest barangay Chairmen and Councilors. But what was bothering was the fact that my name as a City Councilor was conspicuously absent. And to think it was arranged not in alphabetical order but by ranking based on the number of votes one garnered during the recent National Elections. Instead of yours truly being the fifth, it makes it appear that Olongapo City has only nine City Councilors and that I do not exist. It also failed to include the name of our Vice Mayor, Hon. Cynthia Cajudo and the Congresswoman of our First District, Hon. Mitos Magsaysay. It makes me wonder whether in the view of a handful of individuals, we are neither good enough nor relevant to be included in that list.

And to think that family names like Magsaysay, Lipumano and Cajudo, they all played significantly in the colorful political history of our City and are now brazenly disregarded!

Such a grave human error, whether accidental, coincidental, or intentional, must not only be corrected but the people liable for it is reprimanded as well. I have already talked to Hon. Edwin Piano, who admitted it was his staff who prepared this so called Updated List. He even told me that he had already received complaints regarding the wrong telephone numbers listed.

My unsolicited advice to him and to his staff is to be more professional, fair, and responsible in the performance of any given tasks especially when it deals with our role as public servants. The purpose of this List, which was sent via electronic mail, was to make us more accessible to our constituent and to people everywhere. Clearly, this is an example of an incompetent, careless, negligent and definitely a sloppy piece of work.

I therefore admonish Hon. Piano, if he still has the decency and propriety, to correct immediately these mistakes and inaccuracies to rectify the damage it has brought to me and the other personalities concerned.

For the record, I expect to receive an official written explanation and apology from the persons who were responsible for this.

I have always remained firm on my stand, that as an elected City Councilor, just like you guys, I only ask what is due to my office. I don’t look for any thing more, but I will never settle for any thing less!

That’s all Madame Presiding Officer.

In reaction to the privilege speech of Councilor Lipumano, Councilor Piano defended his personal staff being referred to as the one who did the project as a volunteer and who is not receiving any salary from the government and also not an employee of the City Council. According to Councilor Piano, the project itself, sangunian.com is not a project of the city government, but, only initiated by his office for research purposes. Therefore, his staff cannot be subjected to be admonished on the basis of civil service rules and regulation.

The Chair advised all members to be more circumspect in disseminating information. Especially, if it pertains to official activities of the council. It should pass through the Office of the Vice Mayor for verification and approval. At the same time, acknowledge the efforts done by the Committee on Information Technology in formulating the source of information through e-mail. Councilor Piano accepted the advise and informed the body that what he is working on, is for his personal use for easy reference of all resolutions passed by the council.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:15 in the evening.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

GINA G. PEREZ

City Councilor & Temporary Presiding Officer