Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 18, 2009 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. 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. Jonathan G. Manalo - - - - - - - - - - - - - - “ “

Absent:

Hon. Rodel S. Cerezo- - - - - - - - - - - - - - - - - City Councilor

(On Official Business)

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

(On Official Business)

Hon. Cheenee F. Hoya- - - - - - - - - - - - - - - - SK Federation President

(On Official Business)

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:50 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 February 18, 2009 was unanimously adopted by the body.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, Councilor Gina G. Perez read the items on 1st and 2nd reading, to wit:

First Reading:

1. Draft Ordinance No. 2009 O-17 – An Ordinance Appropriating The Amount Of Eighty Six Thousand Eight Hundred Forty One Pesos And Eleven Centavos (PhP86,841.11) To The Item Repair And Maintenance – Office Equipment Under Maintenance And Other Operating Expenses Of The Different Departments To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored by Councilor Jonathan G. Manalo. (Referred to the Committee on Appropriations)

2. Draft Ordinance No. 2009 O-18 – An Ordinance Naming The East Bajac-Bajac Waterfalls As “Falls In Love”. Sponsored by Councilor Gina G. Perez. (Referred to the Committee as a Whole)

3. Draft Resolution No. 2009 R-033 – A Resolution Approving The Annual Budget Of Barangay New Kalalake, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Appropriations)

Second Reading:

1. Draft Ordinance No. 2009 O-09 – An Ordinance Declaring The Area Under The Arcade Roof At The Gordon Avenue Side Of The Olongapo City Mall As Leasable Space And Approving Their Corresponding Rates. Sponsored by Councilor Angelito W. Baloy

2. Draft Ordinance No. 2009 O-15 – An Ordinance Providing A Fee For The Intensive Seminar For Drivers For The Requirement On The Fourth Violation On The Traffic Citation Ticket To Be Conducted By The Office Of The Olongapo Traffic Management And Public Safety.

Sponsored by Councilor Aquilino Y. Cortez, Jr.

3. Draft Resolution No. 2009 R-032 – A Resolution Strongly Urging All School Canteens In Public Elementary And Secondary Schools In Olongapo City To Adhere To Department Of Education Order No. 08, Series Of 2007 Also Known As The Revised Implementing Guidelines On The Operation And Management Of School Canteens In Public Elementary And Secondary Schools. Sponsored by Councilor Angelito W. Baloy

4. Draft Ordinance No. 2009 O-16 – An Ordinance Requiring Strict Compliance Of Republic Act 8172 Otherwise Known As “An Act Promoting Salt Iodization Nationwide (ASIN) And For Related Purposes And Its Implementing Rules And Regulations”. Sponsored by Councilor Angelito W. Baloy

Councilor Manalo manifested to include in the first reading, “An Ordinance Amending Ordinance No. 7, Series of 2009”. (Referred to the Committee on Appropriations)

Councilor Piano moved to include in the first reading, “An Ordinance Amending Section 2 of Ordinance No. 16, Series of 2006,” regarding the composition of the Olongapo City Vendors Management Team. (Referred to the Committee on Markets)

Councilor Cortez manifested to include in the first reading, “Draft Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum of Understanding With The City Government Of Olongapo, Hausland Development Inc., Fiesta Committee Inc. And Pag-ibig Fund For The Bonggapo Homes: Handog Pabahay Program For City Government Employees At Fiesta Committees Olongapo At New Cabalan.” (Referred to the Committee on Laws)

Councilor Cortez manifested that in item 2, Second Reading (Draft Ordinance No. 2009-0-15) Councilor John Carlos G. delos Reyes be his co-sponsor.

Councilor Piano requested for the inclusion of Councilor John Carlos G. delos Reyes as co-sponsor of the Vendors Management Ordinance being the original sponsor of the said measure.

Councilor Gie Baloy manifested that in item 3, Second Reading, Councilor Jonathan G. Manalo be his co-sponsor in the said Resolution, being the Chairman of the Committee on Education.

The body unanimously approved the Day’s Agenda as amended.

Communications and Referrals of Business

Communications Read:

1. Annual Budget of Barangay New Kalalake for the Calendar Year 2009. (Referred to the Committee on Appropriations)

2. Letter from Helen B. Aggabao, Principal IV, Olongapo City National High School, addressed to the Office of the Sangguniang Panlungsod requesting for a copy of the transcript of proceedings during the committee hearing dated January 26, 2009 for record purposes. (Referred to the Secretariat, subject to the review of the City Councilors)

3. Memorandum from Mr. Angelino J. Ducos, Requestor, Ducos Minerals Quarry Operation, 1909 Bennet Road, Old Cabalan, Olongapo City, addressed to the Hon. City Mayor James J. Gordon, Jr. thru Sangguniang Panlungsod requesting for the approval resolution in connection to their proposed “Small Scale Quarry Operation” within the private property of Mr. Angelino J. Ducos, situated at North West portion of Sitio Mampueng, Old Cabalan, Olongapo City, containing an area of 49,950 square meters more or less. (Referred to the Committee on Business)

4. Letter from Ernelizar P. Batapa, Punong Barangay, Barangay New Banicain, Olongapo City informing that the new telephone number of Barangay New Banicain, Barangay Hall is 611-0382. (For information)

5. Letter from Aurora M. Ramos, CSD Manager addressed to the Hon. City Mayor James “Bong” Gordon Jr. billing him the amount of PhP832,807.87 for the February 2009 water consumption of various local government accounts. Attached to this communication. This excludes water bill arrears outstanding as of January 31, 2009 inclusive of interest amounting to PhP393,995,517.51. (Referred to the Committee on Utilities)

6. Memorandum from Fernando M. Magrata, City Administrator addressed to All Department Heads/Office Heads regarding the submission Performance Evaluation System (PES) on or before 13 March 2009. (Referred to the Secretariat)

7. Memorandum from Engr. Luisito M. Lopez, GM, Public Utilities Department for Hon. Angelito W. Baloy, City Councilor informing the City Officials that the disconnection of the electric service of the Ingeneroz Gaming Café is not due to the billing adjustments and billing in question that is currently being resolved but is due to the failure of the establishment to pay its current consumption that is entirely separate from the above. (For information)

8. Letter from the Hon. City Mayor James Gordon Jr. addressed to the Hon. City Vice Mayor and Members of the Sangguniang Panlungsod which pertains to the proposed amendment of Ordinance No. 16 Section 2 Series of 2006 regarding the Creation and Composition of the Vendors Management Team. (Referred to the Committees on Markets and Personnel)

9. Barangay Resolutions of Barangay East Bajac-Bajac, all Series of 2009:

(a) Resolution No. 03, entitled: “A Resolution requesting for Program of Work for funding the Pathway of the Little Baguio II.”

(b) Resolution No. 04, entitled: “A Resolution requesting for Program of Work for Basketball Court at Upper Sibul I.”

(c) Resolution No. 05, entitled: “A Resolution authorizing the Barangay Treasurer to withdraw the amount of PhP10,452.00 for One (1) year license of Four (4) units Motorola handheld radios and PhP360.00 for I.D. and Permit to Carry the radios.”

(d) Resolution No. 06, entitled: “A Resolution requesting for a Program of Work to paint (155) Electric Post in East Bajac-Bajac for Colors of Beauty and Safety.”

(Referred to the Committees on Public Works and Appropriations)

10. Letter from Gina C. Agustin, Chief of Staff, Office of the Administrator and CEO, Subic Bay Metropolitan Authority, addressed to Ms. Elflida S. Salmon, Council Secretary, Sangguniang Panlungsod, Olongapo City acknowledging receipt of her letter dated February 25, 2009 received by her office of February 26, 2009, regarding Resolution No. 10, Series of 2009. (For information)

11. Memorandum from Joseph Arnold C. Lopez, City Veterinarian for the Hon. City Mayor James Gordon Jr. regarding the Comparative Monthly Statement Of Income for the month of February 2009. There was a decrease of PhP13,158.00 as compared to last year. (Referred to the Committee on Ways and Means)

12. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel Office, addressed to All Department Heads/Division/Section Heads regarding the Seminar on Effective Customer Service on 19 March 2009 from 8:00 A.M. to 5:00 P.M. at the function room of the Olongapo City Convention Center. Attendees from the City Council are: Tess Gegenheimer of the Council Secretariat, Asuncion Recosana of the Council Transport and Dolores Valdez of the City Vice-Mayor’s Office. (For information)

13. Memorandum from the City Mayor for the Vice Mayor and Members of the City Council, All City Government Dept/Division Heads, All Barangay and SK Chairmen & Officials, DepEd Officials, PNP Officials regarding the Ceremonial Groundbreaking Of Fiesta Homes on 18 March 2009 10:00 A.M. at Purok 3, Mangga St., New Cabalan, this City. Done this morning. (Attended by the officials)

14. Letter from Susan C. Volante, Executive Assistant, Conti Group, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo requesting for a copy of the City Ordinance on the Towing and Impounding of Motor Vehicle. (Referred to the Committee on Traffic and the Secretariat)

15. Letter from Fernando C. Demetria, Jr., Sales and Marketing Assistant, LEXSYS Technologies Inc., addressed to the Hon. City Vice Mayor Cynthia G. Cajudo introducing their company, which is a professional information technology developer, integrator and solution provider of LGU (Local Government Unit) computerized application systems and would like to submit their information and communication technology (ICT) project for the installation and implementation of e-GAPSTM (Electronic Government Application System), particularly the Legislative Management, Codification, Tracking and Information System for the office of the Sangguniang Panlungsod. (For information)

16. Memorandum from Damian P. delos Santos, Jr. for Hon. City Mayor James Gordon, Jr. regarding the Comparative Monthly Statement Of Income for the Month of February (Year 2008 & 2009). There was an increase of PhP10,500.17 as compared to last year. (Referred to the Committee on Markets and on Ways and Means)

17. Letter from Joan Mae dela Cruz, The Catalysts President and Donna Lyn Apodaca, Senior’s Committee President, Sta. Rita High School, addressed to All Councilors, Olongapo City thru: Hon. City Vice Mayor Cynthia G. Cajudo expressing their sincere gratitude for being one of their sponsors and donors in making their Talent Showcase 2009 a success. (For information)

18. First Endorsement from the City Mayor forwarded to the Hon. City Vice Mayor and Members of this Council the copy of the letter of Barangay Captain Audie S. Sundiam, New Cabalan, requesting permission to operate a Mini Fair at Purok 2 Plaza, New Cabalan, this city. (Referred to the Committee on Business and Brgy. Affairs)

19. Committee Report 025, submitted by Hon. Angelito W. Baloy.

20. Notice of Power Interruption from PUD, March 20, 2009 Friday, 9:00 A.M. to 1:00 P.M. Feeder 2 whole of Old and New Cabalan; Whole of Sta. Rita except, Balic-Balic Rd. from Seventh Day Adventist to Domiguez St. and the reasons are:

1. replacement of deteriorated pole Filtration Rd., cor. Sampaguita St., Sta. Rita;

2. Filtration Rd. cor. Rosal St. Sta. Rita, Filtration Rd. corner Camia St., Sta.

Rita, trimming of trees at primary distribution lines of feeder 2; and

3. replacement of undersize primary line from cor. Sampaguita St. to INC near bridge.

Committee Reports

As Chair Committee on Business and Economic Enterprise, Councilor Gie Baloy rendered his report concerning the letter complaint coming from the management of Ingeneroz Gaming Café (IGC), regarding the alleged inconsistencies in the reading of the establishment’s electric meter, done by PUD meter readers. The erroneous reading resulted to the charging of exorbitant billing. Acting on this complaint, he promptly called the attention of Engr. Lopez, General Manager of PUD on March 5. He requested to provide the Committee with an explanation on the said report. Responding on the request, Engr. Lopez endorsed his letter and clarified the matter to the committee, with a copy furnished to the Office of the City Mayor, Vice- Mayor as well as to Councilors Manalo and delos Reyes. According to Engr. Lopez, contrary to the report, it was not a case of discrepancy in meter reading and billing. He explained that, it was in fact an adjustment to correct the readings after their meter readers discovered that their electric meter was not accurately registering the correct electric consumption. The management promptly acknowledged the errors and even posted PhP100,000 initial payment to lessen the payables and made an agreement with the PUD, to gradually settle their balance. Copies of this committee report will be furnished to the Vice Mayor’s Office and the Sanggunian Secretariat for their records.

Councilor Piano made manifestations regarding the result of their discussions during the administrative case filed by Eric Cuevas against Kgd. Ricky Espinosa of Brgy. Mabayuan for grave abuse of authority after careful deliberation of the facts of the instant case. The body has reached to a decision to issue a reprimand to Kgd. Espinosa for failure to exercise vigilance and self-restraint in dealing with his constituents, who were driven with emotions in the heat of anger. He informed everyone that the final draft of the decision is being finalized for signature by the members of the quasi-judicial body.

In another matter, Councilor Piano informed the body about the hearing he will be attending at the National Telecommunications Commission, Quezon City, regarding the application of Vanguard to establish a UHF Television Station in the city. This is the second hearing that he will be attending. After the hearing, he will be meeting the Manpower Development Division of the Overseas Employment Administration, under the instruction of the City Mayor. This is with regard to the possible recruitment of manpower brought about the impending transfer of the US Military facilities from Okinawa, Japan to Guam. It was learned, that the former base workers from Olongapo-Subic Bay area were given priority for these jobs in Guam.

Councilor Piano also announced the activity to be undertaken by Hanjin as part of the company’s social responsibility for the community. This will be participated in by 80 to 100 personnel both Filipinos and Koreans who will be going to take part in a clean-up drive at the East Tapinac Oval Track. He added that the committee on parks and playgrounds might be interested to join Hanjin.

Calendar of Business

1. Draft Ordinance No. 2009 O-09 – “An Ordinance Declaring The Area Under The Arcade Roof At The Gordon Avenue Side Of The Olongapo City Mall As Leasable Space And Approving Their Corresponding Rates,” was tabled by the body on motion of Councilor Angelito W. Baloy since it will be in conflict with the existing contracts of the stall owners on that side.

2. Draft Ordinance No. 2009 O-15 – “An Ordinance Providing A Fee For The Intensive Seminar For Drivers For The Requirement On The Fourth Violation On The Traffic Citation Ticket To Be Conducted By The Office Of The Olongapo Traffic Management And Public Safety.”

As a backgrounder, Councilor Cortez provided an explanation on how the Committee on Traffic Management and Transportation arrived at a decision to impose a seminar fee of PhP100.00 to drivers of public vehicles. A consensus was reached after they conducted a public hearing held at the Session Hall, which was attended mostly by various transport leaders of jeepneys, tricycles and mini-buses. They intend to implement an intensive driving seminar in order to enhance the knowledge of drivers as regards city ordinances and traffic rules and regulations, with the aim of transforming their values and make them partners in the solution of traffic problems.

To be more accurate, Councilor delos Reyes suggested to add the words after the 4th violation, “and succeeding violations” which the proponent accepted.

Draft Ordinance No. 2009 0-15 was approved unanimously on its second and final reading, on motion of Councilor Aquilino Y. Cortez, Jr. and co-sponsored by Councilor John Carlos G. delos Reyes.

3. Draft Resolution No. 2009 R-032 – “A Resolution Strongly Urging All School Canteens In Public Elementary And Secondary Schools In Olongapo City To Adhere To Department Of Education Order No. 08, Series Of 2007 Also Known As The Revised Implementing Guidelines On The Operation And Management Of School Canteens In Public Elementary And Secondary Schools.”

Councilor Gie Baloy explained the rationale of the measure, citing the findings on the survey conducted by the City Nutrition Action Officer, Richel Eve Torralba, that 60% of the school canteens in the city are operated by private concessionaires. It was found out that most of the foodstuffs being sold are considered “junk foods” and “carbonated” beverages, which means that, these are sugar based. Some of the preparation of foods that are being sold, do not follow the use of iodized salt.

The proponent moved to approve Draft Resolution No. 2009 R-32. He advised the Secretariat to add “private” schools in the title, in response to the observation of Councilor Lipumano-Garcia. Councilor delos Reyes wanted to know how to disseminate the information on private schools and make them follow, since such schools have their own charter and are not covered by DepEd rules. The chair opined that private schools are still under the DepEd, because their permits are issued by DepEd. Though they have their own association, just the same, they will be furnished copies of the resolution and the DepEd order for their information, replied the proponent. Councilor Lipumano-Garcia added that, in Metro Manila some private schools adhere to the ruling of DepEd, but not all.

Councilor Perez suggested, as City Councilors, they should also look into the situation of the school canteens since DepEd cannot monitor all schools.

After a long discussion, the above-mentioned Draft Resolution was approved unanimously on its second and final reading, on motion of Councilor Angelito W. Baloy and co-sponsored by Councilor Jonathan G. Manalo.

4. Draft Ordinance No. 2009 O-16 – “An Ordinance Requiring Strict Compliance Of Republic Act 8172 Otherwise Known As “An Act Promoting Salt Iodization Nationwide (ASIN) And For Related Purposes And Its Implementing Rules And Regulations,” was tabled by the body, on motion of Councilor Angelito W. Baloy since last October 6, 1999, the City Council already passed an ordinance with the same content.

Other Matters

None.

Adjournment

There being no further matters to be discussed, the session was adjourned at 5:32 in the afternoon, on motion of Councilor Anselmo A. Aquino.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer