Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON DECEMBER 27, 2007 AT THE CITY HALL

Present:

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

Hon. Gina G. Perez - - - 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. Elena C. Dabu- - - “ “

Absent:

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

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

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:30 in the afternoon.

Roll Call

With nine (9) 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 October 24, 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 Resolution No. 2007 – R-113 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) With The Lot Owner, The Sps. Romeo And Adelaida Porneso That The Latter Is Willing To Accept The Offer Of The City To Offset/Deduct The Said Amount From The Real Property Taxes That Have To Be Paid By The Sps. Romeo And Adelaida Porneso To The City Government. Sponsored by Councilor Marey Beth D. Marzan. (Referred to the Committee on Laws)

2. Draft Resolution No. 2007 – R-114 – A Resolution Ratifying The Memorandum Of Agreement Between The James L. Gordon Memorial Hospital (JLGMH) And Fortune Care Medicare, Inc. Represented By Ms. Dorothea J. Sibal, EVP, And General Manager. Sponsored by Councilor John Carlos G. Delos Reyes. (Referred to the Committee on Laws)

3. Draft Ordinance No. 2007 – O-50 – An Ordinance Amending Sec. 3 Of Ordinance 32, Series Of 2004, Otherwise Known As (An Ordinance Repealing All Ordinances Related To The Operation Of For – Hire Public Utility Jeepneys In The Olongapo City And Establishing The Norms For Operations Of Such Applicable To The Present Time). Sponsored by Councilor John Carlos G. Delos Reyes. (Referred to the Committee on Transportation)

4. Draft Resolution No. 2007 – R-115 – A Resolution Conveying Deepest Sympathy To The Bereaved Family Of Mrs. Lydia T. Ela. Sponsored by the Majority Party. (Referred to the Committee as a Whole)

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 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

3. 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

4. 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

5. 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

6. 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

7. Draft Ordinance No. 2007 - O–48 – An Ordinance Approving The Provision Of Financial Assistance To The Concerned Residents Of Upper Nieves St., Brgy. Mabayuan Amounting To Thirty Thousand Pesos (PhP30,000.00) For The Full Payment Of The Right-Of-Way To The Lot Owner, Sps. Romeo And Adelaida Porneso. Sponsored by Councilors Marey Beth D. Marzan and John Carlos Delos Reyes

8. 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

Councilor Marzan moved to amend some of the sponsorships under first reading, item 1, co-sponsored by Councilor John Carlos G. delos Reyes. Under second reading, item nos. 5 & 6, co-sponsored by Councilors Edwin J. Piano and Gie W. Baloy.

In addition to the agenda, Councilor Marzan moved for the inclusion in the first reading:

1. “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Lease Agreement With Brgy. Captain Carlito A. Baloy In Behalf Of Barangay Barretto For The Use of Driftwood Beach”, sponsored by Councilors Marey Beth D. Marzan, Aquilino Y. Cortez & Edwin J. Piano;

2. “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With Col. John D. Lopez In Behalf Of Criminal Investigation And Detection Group (CIDG) For The Latter’s Unsufruct Of The Former EIIB Building”, sponsored by Councilors Marey Beth D. Marzan & Rodel S. Cerezo;

3. “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With TMG-Zambales For The Latter’s Unsufruct Of The Former EIIB Building”, sponsored by Councilors Marey Beth D. Marzan & Rodel S. Cerezo;

4. “A Resolution Authorizing The City Mayor To Enter Into A Memorandum of Agreement With Department Of Environment And Natural Resources For The Co-Management Of 2.0 Hectares Situated In Brgy. Old Cabalan”, sponsored by Councilors Marey Beth D. Marzan, Aquilino Y. Cortez & Gina G. Perez;

5. “An Ordinance Appropriating The Amount of Seven Million Five Hundred Thousand Pesos (PhP7,500,000.00) For The Extra Cash Gift Of City Government Employees To Be Taken From Savings”, sponsored unanimously.

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

Communications and Referrals of Business

Communications Read:

1. Local Budget Memorandum No. 54 dated December 19, 2007 of the Department of Budget and Management addressed to all Provincial Governors, City and Municipal Mayors, Barangay Chairmen, Members of the Local Sanggunian, Other Local Government Officials, Members of Local Finance Committees and All Others Concerned regarding the Grant of Additional Benefit/Extra Cash Gift to Personnel of Local Government Units (LGUs) for FY 2007, issued by Rolando G. Andaya, Secretary, Department of Budget and Management, Manila. (For information and guidance)

2. Letter from Mr. Danilo Rivera Vernos, Citizens Directorate Support Operation Group/Founder/President, Mrs. Meralona Galpo Vernos, Corporate Secretary and Mr. Johnson Soria Solomon, OIC Team Leader inviting the Members of this body as guest of honor in their Annual General Members Assembly on December 30, 10:00 A.M. to 04:00 P.M. at Sitio San Isidro, Brgy. San Pablo, Castillejos, Zambales and seeking assistance as well.

3. Memorandum from the City Administrator addressed to the City Treasurer regarding the Collection Of Rental Fees At The Olongapo City Convention Center. (Referred to the Committee on Ways and Means)

4. Notice of Hearing on BMC Case No. 2007 – 179 from Grace V. Manuel, Officer-In-Charge, Commission Secretariat, National Telecommunications Commission, Quezon City for Applicant, First United Broadcasting Corporation, for the issuance of a Certificate of Public Convenience to install, operate and maintain a Nationwide Direct To Home User Satellite Broadcast System. The application will be heard by the Commission on January 30, 2008 at 9:30 A.M. at its offices, National Telecommunications Commission, BIR Road, East Triangle, Diliman, Quezon City. (Referred to the Committees on Ways & Means and Information Technology)

5. Copy of the Decision of the CCC Case Nos. 2007-119 (SBMA Case Nos. 2004-001 and 2004-002), issued by Commissioner Ruel V. Canobas, Jorge V. Sarmiento, Deputy Commissioner, and Jaime M. Fortes, also Deputy Commissioner, all of the National Telecommunications Commission, Quezon City resolving Innove Communications, Inc.’s Motion for Extension of Provisional Authority to render and provide International and Domestic Leased Line Services and to establish, install, operate and maintain Local Telephone Service with Public Payphone facilities and Public Calling Stations within the territorial jurisdiction of the Subic Bay Metropolitan Authority and to charge corresponding rates therefore.

Stating further that, “WHEREFORE, in the interest of public service and finding, applicant to be legally, financially and technically qualified, the Commission hereby GRANTS applicant INNOVE COMMUNICATIONS, INC. a CERTIFCATE OF PUBLIC CONVENIENCE AND NECESSITY (CPCN) to render and provide International and Domestic Leased Line Services and to establish, operate and maintain Local Telephone Service with Public Payphone Facilities and Public Calling Stations within the territorial jurisdiction of the Subic Bay Metropolitan Authority, for a period co-terminous with the life of its existing franchise under Republic Act No. 7372.” This CPCN is further subject to the following 14 conditions herein stated in this communication. (Referred to the Committees on Communications & Information Technology)

6. Memorandum from Col. Jose A. Aquino, Jr., Head, Office of Traffic Management and Public Safety for the Hon. City Mayor James Gordon, Jr., thru: Ferdinand M. Magrata, City Administrator regarding the Suspension of Body Number Coding for J – 01 and J -11 jeeps from December 24 up to January 1, 2008, requested by Mr. Francisco Garcia. However, the Office of Traffic Management and Public Safety strongly recommends the non-approval of the said request for it will only further aggravate the present traffic problems this holiday season. (For information)

7. Memorandum from Councilor Anselmo A. Aquino, Chairman Committee on Engineering and Public Works addressed to Engr. Narciso Martinez, OIC, City Engineering Office indorsing the Petition for Street Paving and Construction of Drainage System in Purok Mayumi, Sta. Rita by Eleanor O. Dabu, concerned citizen of the area. (Referred to the Committee on Engineering and Public Works)

8. Letter from Atty. Elenito M. Bagalihog, Chief, Water Rights Division, National Water Resources Board, EDSA, Quezon City addressed to the City Council Secretary regarding his request that the enclosed Notice of Water Permit Application of Myrna B. Mendoza, Ana’s Aqua Hills, Barretto, Olongapo City be posted on the Bulletin Board and shall remain posted for a period of 30 days from receipt hereof. (Referred to the Mayor’s Office, Subicwater and Brgy. Barretto)

9. Letter from Councilor Marey Beth D. Marzan addressed to the Hon. City Vice Mayor Cynthia G. Cajudo requesting the inclusion of the following items on first reading:

1. A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Lease Agreement With Barangay Barretto Official’s For The Use Of Driftwood Beach; and

2. A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With Lot Owner, Sps. Romeo & Adelaida Porneso Citing That The Latter Will Be Willing To Accept The Offer Of The City To Deduct Said Amount From The Real Property Taxes That the Lot Owner Have To Pay To The City Government.

Committee Reports

N o n e

Calendar of Business

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”, was tabled by the body on motion of Councilor Marey Beth D. Marzan.

2. On motion of Councilor Perez, 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 unanimously approved by the body on its second and final reading.

3. 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.

4. 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”, was deferred by the body, on motion of Councilor Edwin J. Piano.

5. On motion of Councilor Marzan, 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”, was approved by the body thru a majority decision on its second and final reading.

6. 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”, was approved by the body thru a majority decision on its second and final reading on motion of Councilor Marey Beth D. Marzan.

7. On motion of Councilor Marzan, Draft Ordinance No. 2007 - O–48 – “An Ordinance Approving The Provision Of Financial Assistance To The Concerned Residents Of Upper Nieves St., Brgy. Mabayuan Amounting To Thirty Thousand Pesos (PhP30,000.00) For The Full Payment Of The Right-Of-Way To The Lot Owner, Sps. Romeo And Adelaida Porneso”, was approved unanimously on its second and final reading co-sponsored by Councilor John Carlos G. delos Reyes.

8. 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 approved by the body thru a majority decision on its second and final reading, on motion of Councilor Marey Beth D. Marzan

Other Matters

A. Draft Resolution No. 2007 – R-113 – “A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) With The Lot Owner, The Sps. Romeo And Adelaida Porneso That The Latter Is Willing To Accept The Offer Of The City To Offset/Deduct The Said Amount From The Real Property Taxes That Have To Be Paid By The Sps. Romeo And Adelaida Porneso To The City Government”, was considered as an urgent matter and was approved unanimously by the body on its second and final reading on motion of Councilor Marey Beth D. Marzan, co-sponsored by Councilor John Carlos G. delos Reyes

B. On motion of Councilor Marzan, “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Lease Agreement With Brgy. Captain Carlito A. Baloy In Behalf Of Barangay Barretto For The Use of Driftwood Beach”, co-sponsored by Councilor Aquilino Y. Cortez, Jr. & Edwin J. Piano, was considered as an urgent matter and was approved by the body thru a majority vote on its second and final reading.

C. “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With Col. John D. Lopez In Behalf Of The Criminal Investigation And Detection Group (CIDG) For The Latter’s Usufruct Of Former Economic Intelligence Investigative Bureau (EIIB) Building”, was considered as an urgent matter and was approved unanimously by the body on its second and final reading on motion of Councilor Marey Beth D. Marzan and co-sponsored by Councilor Rodel S. Cerezo

D. On motion of Councilor Marzan, “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With TMG-Zambales For The Latter’s Usufruct Of Former Economic Intelligence Investigative Bureau (EIIB) Building.”, was considered as an urgent matter and was approved unanimously by the body on its second and final reading co-sponsored by Councilor Rodel S. Cerezo.

E. “An Ordinance Appropriating The Amount of Seven Million Five Hundred Thousand Pesos (PhP7,500,000.00) For The Extra Cash Gift Of City Government Employees To Be Taken From Savings”, was considered as an urgent matter and was approved unanimously by the body on its second and final reading. Sponsored Unanimously.

F. “A Resolution Conveying Deepest Sympathy To The Bereaved Family Of Mrs. Lydia T. Ela”, was considered as an urgent matter and was approved unanimously by the body on its second and final reading. Sponsored Unanimously.

Adjournment

There being no further matters to be discussed, the session was adjourned at 5:27 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