Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 26, 2008 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. 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. Cheenee F. Hoya- - SK Federation President

Absent:

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

(On Leave)

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 5:20 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 Gina Perez, the minutes of the regular sessions dated February 6 & 13, 2008 were unanimously adopted by the body, respectively.

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. 2008 O-19 – An Ordinance Creating A Special Account – City Tourism Programs Under The General Fund For The City Tourism Office. Sponsored by Councilor Gina G. Perez. (Referred to the Committees on Tourism and on Appropriations)

2. Draft Ordinance No. 2008 O-20 – An Ordinance Appropriating The Amount Of One Hundred Twenty One Thousand Two Hundred Thirty Three Pesos And Twenty Five Centavos (PhP121,233.25) For The Documentary Stamp Tax Necessary For The Assignment Of Subicwater Share Rights From The Olongapo City Water District To The Olongapo City Government. Sponsored by the Majority Party. (Referred to the Committees on Appropriations and on Ways and Means)

3. Draft Resolution No. 2008 R-046 – A Resolution Ratifying The Memorandum Of Agreement With The Subic Bay Metropolitan Authority (SBMA) Entered Into By The City Mayor James Gordon, Jr. And SBMA Administrator Armand Arreza For The Operation Of The Kalaklan Lighthouse. Sponsored by Councilor Gina G. Perez. (Referred to the Committee on Laws)

4. Draft Resolution No. 2008 R-047 – A Resolution Establishing The Olongapo City Children And Youth Steering Committee On Children’s Rights. Sponsored by Councilor Elena C. Dabu. (Referred to the Committee on Social Welfare)

5. Draft Resolution No. 2008 R-048 – A Resolution Extending Sympathies And Condolences To The Bereaved Family Of Restituta Mendigorin. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee as a Whole)

Second Reading:

1. Draft Ordinance No. 2008 O-14 –An Ordinance Implementing The Tire-Lock System Against Illegally Parked Vehicles And Establishing The Rules And Penalties For Its Implementation By The Office Of The Traffic Management And Public Safety (OTMPS) And For Other Purposes. Sponsored by Councilor Aquilino Y. Cortez, Jr.

2. Draft Ordinance No. 2008 O-06 – An Ordinance Establishing The Dental Health Section Under The City Health Department. Sponsored by Councilors Gina G. Perez and Angelito W. Baloy

3. Draft Resolution No. 2008 R-039 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into Memorandum Of Agreement (MOA) With Jemeryk Portal System Integration, Inc. (JPSII) Represented By Its President Ms. Pinky Tabil Regarding The Computerized I.D. Of Public Utility Tricycle Drivers And Operators And Volunteers In Olongapo City. Sponsored by Councilor Edwin J. Piano

4. Draft Resolution No. 2008 R-041 – A Resolution Adopting The Proposed Operations Plan Of Halfmoon Beach Resort For Summer 2008. Sponsored by the Majority Party

5. Draft Ordinance No. 2008 0-18 – An Ordinance Amending Sections 3 And 4 Of City Ordinance No. 28 Series Of 1995 Entitled “An Ordinance Prohibiting Indecent Acts In Public, Providing Penalties For Violations Thereof And Other Purposes.” Sponsored by Councilor Gina G. Perez

6. Draft Resolution No. 2008 R-043 – A Resolution Approving The Annual Budget Of Barangay New Kababae, City Of Olongapo For The Calendar Year 2008. Sponsored by Councilor Edwin J. Piano

7. Draft Resolution No. 2008 R-044 – A Resolution Adopting City Appraisal Committee Resolution No. 1, Series Of 2008 Entitled “A Joint Resolution Appraising The Rental Rate Of A Portion Of Lot Owned By City Government (Formerly NDC) National Highway, Old Cabalan, Olongapo City.” Sponsored by Councilors Angelito W. Baloy and Edwin J. Piano

8. Draft Resolution No. 2008 R-045 – A Resolution Authorizing Honorable City Mayor James Gordon, Jr. To Enter Into A Contract Of Agreement With The Qualified/Winning Bidder For The Lease Of The Multi-Purpose Complex (Formerly NDC) Owned By The City Government Located In Old Cabalan, Olongapo City. Sponsored by Councilors Angelito W. Baloy and Edwin J. Piano

Councilor Perez manifested to include in the First Reading, “An Ordinance Appropriating The Sum Of Three Hundred Thousand Pesos (PhP300,000.00) To The Budgetary Requirements Of The Philippine Olympic Festival 2008,” co-sponsored by Councilor Rodel S. Cerezo. (Referred to the Committee on Appropriations)

Councilor delos Reyes moved to lift from the table, Draft Resolution No. 2008-R-034 - “A Resolution Ratifying The Memorandum Of Agreement Among The Community Based Monitoring System (CBMS) Network Coordinating Team Of The Angelo King Institute For Economic And Business Studies Represented By Dr. Cecilia M. Reyes; The DILG Through The Bureau Of Local Government Development Represented By Manuel Q. Gotis; The DILG Regional Office For Region III Represented By Director Josefina Go And The City Government Of Olongapo Represented By Hon. James “Bong” Gordon, Jr. For The Technical Assistance On The Development And Institutionalization Of CBMS.”

Councilor Gie Baloy manifested to amend the title, item no. 8 in the Second Reading, “Draft Resolution No. 2008 R-45 – A Resolution Authorizing Honorable City Mayor James Gordon, Jr. To Enter Into A Contract Of Agreement With The Qualified/Winning Bidder For The Lease Of The Multi-Purpose Complex (Formerly NDC) Owned By The City Government Located In Old Cabalan, Olongapo City’” to change the word “Qualified/Winning Bidder” to “The Applicant”.

Councilor Cortez, moved to include in the First Reading, “An Ordinance Implementing A Truck Ban In The Major Thoroughfares, Roads, Streets And Bridges Of Olongapo City Otherwise Known As The Olongapo City Truck Ban”. (Referred to the Committees on Transportation and Traffic)

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

Communications and Referrals of Business

Communications Read:

1. Memorandum from Councilor John Carlos delos Reyes, Chair, Transportation Committee addressed to the Hon. City Mayor James “Bong” Gordon, Jr., attention: Col. Jose Aquino, Head, OTMPS regarding Kotong sa Yellow Jeepney Stops at Caltex, Sta. Rita Bridge, Ulo ng Apo Rotonda, Perimeter Road, etc. and the Councilor suggests that:

a. Ibalik ang direktiba ng dating hepe ng trapiko Col. Bada na pagbawalan sumakay sa harap ng pampasaherong sasakyan ang mga traffic enforcers or officers;

b. Magkaroon ng pag – uusap at kontrata para sa mga “rules” ang tanggapan ng Mayor/OTMPS at iba’t ibang kooperatiba/asosasyon patungkol sa di paniningil o di pagbayad ng pamasahe ng mga miyembro ng OTMPS for the integrity of the office.

(For information and guidance)

2. Letter from Roberto M. de Leon, Training Officer, Dept. of Surgery, James L. Gordon Memorial Hospital addressed to the Hon. City Mayor James Gordon Jr. asking his assistance to make an endorsement letter to the Sangguniang Panlungsod of Olongapo for discussion, deliberation and issuance of permit to operate of Dimsum ‘N Dumplings within the premises of James L. Gordon Memorial Hospital particularly beside the Emergency Room Department. (Referred to the Committees on Business, Health and on Laws)

3. Copy of Resolutions both Series of 2008 from Barangay Old Cabalan:

a. Resolution No. 011, entitled: “A Resolution Approving The Withdrawal Of PhP10,000.00 For The Purchase Of Painting Materials To Be Used For Re-Painting And Posting Of City Ordinances At Purok Outposts And Waiting Sheds.” (Referred to the Committee on Public Works and Engineering for review.

b. Resolution No. 012, entitled: “A Resolution Favorably Endorsing The Salary Loan Lending Program Of The Accord Savings Bank Inc., Olongapo City Branch For Barangay Officials And Employees Of Barangay Old Cabalan, Olongapo City.” (Referred to the Committees on Ways and Means and on Appropriations)

4. Letter from Ligaya B. Monato, Ed. D., CESO V, Schools Division Superintendent addressed to the Honorable City Vice Mayor Cynthia G. Cajudo providing a copy of the 2007 Report Card of the Division of City Schools, Olongapo City. (Referred to the Committee on Education)

5. Resolution No. 013 Series of 2008 from Old Cabalan, entitled: “A Resolution Approving The Withdrawal Of PhP10,000.00 For The Purchase Of Snacks, Meals, Materials And Other Expenses Needed By The Speakers And Participants During Livelihood Seminars And Skills Training.” (Referred to the Committee on Appropriations for review)

6. Free Summer Computer Courses from Gordon College, College of Computer Studies, a Project of Mayor James Gordon, Jr. Schedule of classes on April 14 – May 9, 2008. Participants should be city government employees only. Deadline of registration is on April 4, 2008. (For information and guidance)

7. Memorandum from Fernando M. Magrata, City Administrator addressed to City Department/Office Heads regarding Schedule of Annual Physical Examination. For the City Council, we have Dolores Valdez whose birthday falls on April 6 and Asuncion B. Recosana on April 12. (For compliance)

8. Letter from Isidro P. Lorenzo, Jr., General Manager, Olongapo Subic Castillejos San Marcelino Transport Service And Multi-Purpose Cooperative, Inc. addressed to the Hon. City Vice Mayor Cynthia G. Cajudo regarding the request for City Mayor’s endorsement to Land Transportation Franchising and Regulatory Board for the amendments at the following routes:

a. J08 Case No. R3-01125 – Subic – Olongapo; and

b. J09 Case No. 3-87-01126 – Castillejos-Palengke (Olongapo City) Via Philseco.

(Referred to the Committee on Transportation)

9. Letter from Donato B. Cao, President, DAO – Van Operators and Drivers Association, for this Council seeking endorsement on the DAU – SUBIC VIA SCTEX (SUBIC-CLARK-TARLAC EXPRESSWAY) route. (Referred to the Committee on Transportation for study and recommendation)

10. Letter from Punong Barangay Filipina E. Tablan for the City Mayor James Gordon, Jr. on the Deed of Donation from Mr. Melencio S. Tagorio for a 1, 700 square meters lot located at Sibul II, East Bajac – Bajac, Olongapo City intended for the construction of four classrooms pledged by Senator Gordon and in return, requesting:

• to have an eye check – up and be operated as required

• to have a stall for sari – sari store at the public market with its content

• to help him acquire the necessary documents for the remaining 1, 000 square meters of his lot at DENR and at the Assessor’s Office

• to let his wife undertake general physical examination at James L. Gordon Memorial Hospital

(For information)

11. Letter from the City Mayor’s urgent request for a passage of an ordinance appropriating the amount of PhP121,232.25 for the documentary stamp tax necessary for the assignment of Subicwater Share Rights from the Olongapo City Water District to the Olongapo City Government. (Referred to the Committee on Appropriations)

Committee Reports

As part of the investigation conducted for the PUD, Councilor delos Reyes made an update on the progress of the on-going purpose. He informed the body about the numerous information he had been receiving from the consumers, regarding the manner how the historical database for all accounts are being transferred to the office of Engr. Louie Lopez. The said transfer is performed by a certain Engr. Noel Yap, without properly documenting the process. He considered this as a very sensitive matter that must have maintained the integrity of the system. There were also allegations reported concerning the billing statements.

He also requested the GSO to furnish him a copy of complete inventory of transformers, which according to Engr. Bernabe will take quite a time to do due to the voluminous documents that they have to deal with. Councilor delos Reyes narrated the complaints of consumers on how electric meters in their houses and transformers were being replaced with a flimsy excuse that they were defective. Eventually such will be sold to other consumers, though these are considered government property. He asked for the support of his colleagues on this crusade.

As for the observation from the Chair, pertinent documents can also be obtained from the records submitted to the ERC in connection with the privatization program. She also wanted to know from Councilor delos Reyes, in what way can the Council extend its support to his investigation, Councilor delos Reyes leave this up to their judgment.

Councilor Piano being Chairman on the Committee on Information Technology, clarified that the transfer of PUD server that Councilor delos Reyes has mentioned was a request made to him but he made it clear that he did not concur with the idea. He however recommended to the City Mayor to just give a copy of the file to PUD and ensure to have a back-up file duly authenticated so that they can always refer to the original file in case there are changes. What he has in possession is the digital copy of the server that was transferred to the PUD.

In connection with the celebration of Women’s Month, Councilor Dabu informed the body that the five day activity which included the conduct of Pap Smear and Breast examination, there was a total of 100 women who availed the breast examination services. For the PAP Smear was the youngest aged 19 years and the oldest is 67 years old. She also announced the conduct of seminars on Gender Sensitivity and Birth and Emergency Plan that would deal with Malaria diseases.

With regard to Markets, the City Local Price Coordinating Council, where she is the Co-Chairman, Councilor Dabu said that they made rounds to monitor the price situation of basic commodities and observed that there is a tremendous increase in prices.

Under the Social Services, Councilor Dabu informed the body that a group of young doctors from the Word of Hope, a Family Christian Church in Manila conducted medical, dental, parents class, bible story narration and relief distribution to the aeta families in Sitio Mampueng at Iram, Old Cabalan. The proponent was the Assembly of God Church based at Mampueng headed by Rev. Joven Discarten.

Calendar of Business

Second Reading

1. Councilor Cortez moved for the approval of Draft Ordinance No. 2008 O-14 –“An Ordinance Implementing The Tire-Lock System Against Illegally Parked Vehicles And Establishing The Rules And Penalties For Its Implementation By The Office Of The Traffic Management And Public Safety (OTMPS) And For Other Purposes.”

For clarification, Councilor Lipumano asked the proponent how many tire locks will be needed to implement this ordinance. According to Councilor Cortez, Col. Aquino informed him that at the moment tire locks are not yet available for use. As per their estimate, it will cost them PhP4,000.00. In the meantime, they will have to make use of ordinary padlocks and chains. By fastening the chains around the axle and locking them on the tire rims of the vehicle, they will be able to hold the vehicle from moving, with TCT ticket posted on the windshield to caution the owner of the vehicle from moving it. This is only done when the violation is illegal parking, for a vehicle parking the opposite direction. The penalty for this violation is P250.00. In case the owner refuses to pay, there will be two options: refer the matter to the Legal Department for possible filing of charges and second, refer to the LTO so they can take action when they renew their licenses for the annual registration of vehicles. However, payments will go to the coffers of the LTO. This will require then a MOA between the City and LTO.

When asked about the statistics by Councilor Piano as to the number of apprehensions made for illegal parking, the proponent cited the figures provided to him by OTMPS. According to them, there are 800 apprehensions for various offenses, no data for the number of vehicles which were towed for illegal parking were provided. It was explained that all violators were only issued with citation tickets. Councilor Piano observed that there are selective process in the issuance of citation tickets to violators. At this point the proponent requested for a recess. After the session resumed, the proponent moved to approve the proposed ordinance with an assurance that all suggestions and observations will be considered.

With no other comments, Draft Ordinance No. 2008-O-14 was approved unanimously on its second and final reading.

2. Draft Ordinance No. 2008 O-06 – “An Ordinance Establishing The Dental Health Section Under The City Health Department,” was deferred by the body, on motion of Councilor Gina G. Perez.

3. Councilor Piano moved for the approval of Draft Resolution No. 2008 R-039 – “A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into Memorandum Of Agreement (MOA) With Jemeryk Portal System Integration, Inc. (JPSII) Represented By Its President Ms. Pinky Tabil Regarding The Computerized I.D. Of Public Utility Tricycle Drivers And Operators And Volunteers In Olongapo City.”

As stated in the provisions of the MOA, Councilor Lipumano want to clarify if the offer to the City will not cost anything. The proponent explained the intention of the company was to make Olongapo City as a pilot for the system of computerized ID for drivers and to make it as a model before they offer their service with other LGUs and charging them accordingly after they completed the project in Olongapo. It’s a good opportunity for Olongapo to be chosen as pilot city.

In response to Councilor Lipumano’s question, the chair informed her that a computerized ID last for 3 years at a rate of PhP90.00 for 3 years, PhP30.00 per year. In case of lost ID or the reproduction is not good, it can be replaced as the company assured her.

After though explanation, Draft Resolution No. 2008-R-039 was approved unanimously on its second and final reading.

4. Draft Resolution No. 2008 R-041 – “A Resolution Adopting The Proposed Operations Plan Of Halfmoon Beach Resort For Summer 2008,” was tabled by the body on motion of Councilor Gina G. Perez.

5. Draft Ordinance No. 2008 0-18 – “An Ordinance Amending Sections 3 And 4 Of City Ordinance No. 28 Series Of 1995 Entitled “An Ordinance Prohibiting Indecent Acts In Public, Providing Penalties For Violations Thereof And Other Purposes,” was deferred by the body on motion of Councilor Gina G. Perez, pending its hearing.

6. On motion of Councilor Piano, Draft Resolution No. 2008 R-043 – “A Resolution Approving The Annual Budget Of Barangay New Kababae, City Of Olongapo For The Calendar Year 2008,” was approved unanimously by the body on its second and final readings.

7. Councilor Gie Baloy moved to approve Draft Resolution No. 2008 R-044 – “A Resolution Adopting City Appraisal Committee Resolution No. 1, Series Of 2008 Entitled “A Joint Resolution Appraising The Rental Rate Of A Portion Of Lot Owned By City Government (Formerly NDC) National Highway, Old Cabalan, Olongapo City.”

The proponent explained that the lot area consists of 1,534 sq. meters which was appraised by the Finance Committee at PhP7.80 per sq. meter but was not able to determine from them how they were able to come up with the computation.

A recess was declared.

In order to clarify more of the details concerning the resolution, Councilor Gie Baloy moved for deferment of Draft Resolution No. 2008-R-044 and the previous motion was withdrawn.

8. Draft Resolution No. 2008 R-045 – “A Resolution Authorizing Honorable City Mayor James Gordon, Jr. To Enter Into A Contract Of Agreement With The Applicant For The Lease Of The Multi-Purpose Complex (Formerly NDC) Owned By The City Government Located In Old Cabalan, Olongapo City,” was deferred by the body on motion of Councilor Angelito W. Baloy.

Other Matters

A. On motion of Councilor Perez, Draft Ordinance No. 2008 O-20 – “An Ordinance Appropriating The Amount Of One Hundred Twenty One Thousand Two Hundred Thirty Three Pesos And Twenty Five Centavos (PhP121,233.25) For The Documentary Stamp Tax Necessary For The Assignment Of Subicwater Share Rights From The Olongapo City Water District To The Olongapo City Government,” was considered as an urgent matter and was approved unanimously by the body on its second and final reading. Sponsored by the Majority Party.

B. “An Ordinance Appropriating The Sum Of Three Hundred Thousand Pesos (PhP300,000.00) To The Budgetary Requirements Of The Philippine Olympic Festival 2008,” was considered as an urgent matter and was approved unanimously by the body on its second and final reading. Sponsored by Councilors Gina G. Perez and Rodel S. Cerezo.

C. Draft Resolution No. 2008 R-048 – “A Resolution Extending Sympathies And Condolences To The Bereaved Family Of Restituta Mendigorin,” was considered as an urgent matter and was approved unanimously by the body on its second and final reading. Unanimous Sponsorship

Adjournment

There being no further matters to be discussed, the session was adjourned at 7:14 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