Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON APRIL 8, 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. 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. Jonathan G. Manalo - - - - - - - - - - - - - - “ “

Absent:

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

(On Official Business)

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

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 11:00 in the morning.

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 session dated March 18, 2009 was adopted unanimously by the body.

Reading and Approval of the Day’s Agenda

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

First Reading:

1. Draft Resolution No. 2009 R-045 – A Resolution Authorizing The Conduct Of Study For The Redevelopment Of East Bajac-Bajac Public Market. Sponsored By Councilor Elena C. Dabu. (Referred to the Committee on Markets)

2. Draft Resolution No. 2009 R-046 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) By And Between Olongapo City Health Office And Virgen Delos Remedios College Represented By Its College President Remedios Dela Peña For The Affiliation Of Its Practical Nursing, Emergency Medical Assistance And Massage Therapy Students In Fulfillment Of Their Course Requirements. Sponsored By Councilor Angelito W. Baloy. (Referred to the Committees on Health and on Education)

3. Draft Resolution No. 2009 R-047 – A Resolution Ratifying The Extension Of The Loan Agreement Between The Development Bank Of The Philippines And The City Government Of Olongapo Concerning The Twenty Two Million “One–On–One” Loan From 06 April 2009 To 01 April 2010. Sponsored By Councilor Jonathan G. Manalo. (Referred to the Committees on Business and on Appropriations)

4. Draft Resolution No. 2009 R-048 – A Resolution Appealing To Olongapo Gas Station Owners To Review And Reconsider The Higher Prices Of Diesel And Other Fuels Compared To The Lower Prices In Nearby Municipalities And Dealers And Likewise Appeal To The Department Of Energy, Department Of Trade & Industry And Other Pertinent Government Agencies To Study The Matter. Sponsored By Councilor Aquilino Y. Cortez, Jr. (Referred to the Committee as a Whole and Committee on Transportation)

Second Reading:

1. Draft Resolution No. 2009 R-038 – A Resolution Accrediting The Subic Bay Public Works Center Employees Association, A People’s Organization For Membership Purposes In Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160 Otherwise Known As The Local Government Code Of 1991. Sponsored By Councilor Anselmo A. Aquino

2. Draft Ordinance No. 2008 O-39 – An Ordinance Withdrawing 20th (Rizal Avenue To Canda Street); 21st Street (Rizal Avenue To Canda Street); And Barretto (20th Street To 21st Street) Streets From Public Use. Sponsored By Councilors Aquilino Y. Cortez, Jr. And Elena C. Dabu

3. Draft Resolution No. 2009 R-041 – A Resolution Upholding The Proposed Ban For The Construction Of Commercial Billboards Along The Subic-Clark-Tarlac Expressway (SCTEX). Sponsored By Councilor Gina G. Perez

4. Draft Resolution No. 2009 R-042 – A Resolution Approving The Annual Budget Of Barangay Pag-Asa, City Of Olongapo For The Calendar Year 2009. Sponsored By Councilor Edwin J. Piano

5. Draft Resolution No. 2009 R-043 – A Resolution Approving The Annual Budget Of Barangay New Ilalim, City Of Olongapo For The Calendar Year 2009. Sponsored By Councilor Edwin J. Piano

6. Draft Ordinance No. 2009 O-22 – An Ordinance Reverting The Amount Of Three Hundred Thousand Pesos (Php300,000.00) From The Item Water Expenses Under Maintenance And Other Operating Expenses To The Item I.T. Equipment Under Capital Outlay Of Gordon College. Sponsored By Councilor Jonathan G. Manalo

The body unanimously approved the Day’s Agenda.

Communications and Referrals of Business

Communications Read:

1. Petisyon mula sa mga mamamayan ng Old Cabalan, Purok III at ng mga Parents Teachers Association (PTA) at principal na si Mrs. Elvira Sagun para sa Office of the Mayor at Sangguniang Panlungsod na sila ay nagkakaisa na pag-petisyon kay Barangay Kapitan Basilio Palo ng Old Cabalan dahil sa kanyang pag-uutos na gibain o alisin and humps sa tapat ng Old Cabalan Elementary School and High School maging sa tapat ng Day Care Center Old Cabalan. (Referred to the Committees on Public Works and Engineering and on Public Safety)

2. Resolution No. 05, Series of 2009 of Barangay Sta. Rita, Olongapo City, entitled: “A Resolution Granting A Permit To Ms. Lourdes Lopez Of Louela’s Amusement To Operate A Mini-Carnival Within The Jurisdiction Of Barangay Sta. Rita.” (Referred to the Committee on Brgy. Affairs and on Business for study)

3. 2009 City Government Calendar Of Activities, 2nd Quarter, submitted by the City Planning And Development Office. (For information)

4. First Endorsement from the City Mayor addressed to the Hon. City Vice Mayor Cynthia G. Cajudo and Members of the Sangguniang Panlungsod the copy of the Memorandum of Agreement to be entered into by and between Virgen Delos Remedios College represented by Remedios Dela Peña and Olongapo City Health Office represented by the City Mayor. (Referred to the Committee on Health to check on the accreditation as a school offering the course)

5. Memorandum from Councilor Gina Gulanes-Perez for the Hon. City Vice Mayor Cynthia G. Cajudo regarding the Minutes of Consultation Meeting re: East Bajac-Bajac Falls. (For Information)

6. Memorandum from Honorio Gomez, OIC, James L. Gordon Ave. Market and Mall Administrator for the Hon. City Mayor James Gordon, Jr. regarding the Income Report For The Month Of March 2009. There was an increase of PhP30,350.12 as compared to last year. Attached to this is the Comparative Monthly Collection Activities for the year 2008 to 2009 as of March. (Referred to the Committees on Market and on Ways and Means)

7. First Endorsement from the Hon. City Mayor James Gordon Jr. addressed to the Hon. City Vice Mayor Cynthia G. Cajudo and Members of the Sangguniang Panlungsod:

a. 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 in line with their celebration of the Feast Of San Pascual De Baylon. (Referred to the Committees on Brgy Affairs and on Business)

b. Copy of the letter of Mgr. Elizabeth M. Dela Peña, Acting Branch Head, Development Bank of the Philippines – Subic Bay Branch, requesting for a resolution authorizing the City Mayor to request for extension of the expiry date of the one on one loan for another 360 days. (Referred to the Committee on Appropriations)

8. Copies of Admin. Case No. SKCF-01-2009 entitled Kevin Das vs. Mac Arnold Concepcion, documents and decision rendered by the Sangguniang Kabataan City Federation. (For information and guidance and filing under Ms. Legaspi for barangay cases)

Committee Reports

None.

Calendar of Business

1. Draft Resolution No. 2009 R-038 – “A Resolution Accrediting The Subic Bay Public Works Center Employees Association, A People’s Organization For Membership Purposes In Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160 Otherwise Known As The Local Government Code Of 1991.”

Councilor Aquino reported that the Subic Bay Public Works Center Employees Association (SBPWCEA) provided all the necessary documents, which includes a duly accomplished application form, a board resolution seeking for accreditation, a certificate of registration issued by the Securities and Exchange Commission (SEC), the list of current officers and members, annual accomplishment reports for the year 2008.

Draft Resolution No. 2009 R-038 was approved unanimously on its second and final reading, on motion of Councilor Anselmo D. Aquino.

2. Draft Ordinance No. 2008 O-39 – “An Ordinance Withdrawing 20th (Rizal Avenue To Canda Street); 21st Street (Rizal Avenue To Canda Street); And Barretto (20th Street To 21st Street) Streets From Public Use.”

In behalf of the Chairman of the Committee on Markets, Councilor Cortez moved to defer the said ordinance pending the conduct of a public hearing on April 13, 2009, Monday, at the FMA Hall.

Draft Ordinance No. 2008 O-39 was deferred by the body, on motion of Councilor Cortez.

3. Draft Resolution No. 2009 R-041 – “A Resolution Upholding The Proposed Ban For The Construction Of Commercial Billboards Along The Subic-Clark-Tarlac Expressway (SCTEX).”

As a backgrounder, Councilor Gina Perez reminisced on the major accidents that occurred along the stretch of EDSA during Typhoon Milenyo.

SEE ATTACHED ANNEX “A”

Councilor Delos Reyes suggested that since the proposed resolution is already an administrative order, it will be better to state the fact that it is an Administrative Order and urge to implement or to respect such order.

Draft Resolution No. 2009 R-041 was approved unanimously on its amended title, on second and final reading, on motion of Councilor Gina G. Perez which now reads: “A Resolution Upholding Administrative Order No. 160 Series Of 2006 Which Directs Department Of Public Works And Highways To Abate And Dismantle Billboards Specifically Along The Subic-Clark-Tarlac Expressway (SCTEX).”

4. Draft Resolution No. 2009 R-042 – “A Resolution Approving The Annual Budget Of Barangay Pag-Asa, City Of Olongapo For The Calendar Year 2009.”

Councilor Piano stated that the members of the City Council already had a meeting with Barangay Chairman Jimmy Pasag and Barangay Treasurer Imelda Ibalio regarding the appropriations of the proposed budget for the year 2009.

Without further discussion, Draft Resolution No. 2009 R-042 was approved unanimously on its second and final reading, on motion of Councilor Edwin J. Piano.

5. Draft Resolution No. 2009 R-043 – “A Resolution Approving The Annual Budget Of Barangay New Ilalim, City Of Olongapo For The Calendar Year 2009.”

In the same manner, Mrs. Amapola Morales, Barangay Treasurer of New Ilalim, already had a meeting earlier with the City Council members regarding their proposed budget for the year 2009.

Without no further discussion on the matter, Draft Resolution No. 2009 R-043 was unanimously approved on its second and final reading, on motion of Councilor Edwin J. Piano.

6. Draft Ordinance No. 2009 O-22 – “An Ordinance Reverting The Amount Of Three Hundred Thousand Pesos (Php300,000.00) From The Item Water Expenses Under Maintenance And Other Operating Expenses To The Item I.T. Equipment Under Capital Outlay Of Gordon College.”

Councilor Jonathan Manalo conveyed that Dr. Arlida Pame, College President of Gordon College, forwarded a letter of request that was addressed to Hon. Mayor James L. Gordon Jr., dated March 06, 2009, requesting for the reversion of three hundred thousand pesos (PhP300,000.00) from water expenses under MOOE to IT equipment under Capital outlay. This is in compliance with CHED requirements, as well as the college’s call for upgrading its computer laboratories, setting-up a media center, and the computerization of their library.

Councilor Lipumano-Garcia asked Councilor Manalo as to who will be paying the water expenses, the city government or the college.

Councilor Manalo answered that the college will be getting the payment for their expenses from their savings last year, amounting to Seven Hundred Thousand Pesos (PhP700,000.00). The college made computations regarding their projected expenses for the academic year 2009, and figures show that they are going to save for this school year.

The Presiding Officer called the attention of the representatives of Gordon College, Dr. Arlida Pame and Mrs. Sanchez, to answer further clarifications regarding the matter.

Dr. Pame said that for this academic year, they have appropriated two million pesos (PhP2,000,000.00) for water expenses. She added that as of March, 2009, their water consumption expenses only amounted to three thousand pesos (PhP3,000.00).

The Presiding Officer questioned Dr. Pame to clarify if the college is consuming PhP3,000.00 monthly or if they had consumed PhP3,000.00 from January, 2009 to March, 2009.

Dr. Pame pointed-out that they had only consumed PhP3,000.00 for the months of January, 2009 to March, 2009. She added that the basis for their budget appropriations for this academic year are the school’s water consumption expenses from last year.

Councilor Lipumano-Garcia expressed that she wants to reiterate that lapses in budget appropriations in the past could have been avoided if previous budget appropriation studies have been documented by the city government, so that current members of the city council will have a basis of comparison for future budget studies, and avoid recurrence of budget misappropriations.

Councilor Delos Reyes commented that technically-speaking, reversion is allowed unless there are savings.

Councilor Aquino asked the representatives of Gordon College if they will be saving seven hundred thousand pesos (PhP700,000.00), the same amount as last year, for this academic year based on their projections.

Mrs. Sanchez, answered and disclosed that for the academic year 2009, they had prepared the budget last August, 2008 based on appropriations made last year. They considered the Two Million Pesos (PhP2,000,000.00) appropriations for water expenses last year as a basis for this year’s appropriations. She added that they will be adjusting the budget in 2010.

According to Mrs. Sanchez, the request for reversion only came up after the ocular inspection done by CHED and that they have to upgrade the library and the computer lab. She cited that they have a separate budget for IT, lodged at the School Equipment Account (SEA), but the Commission on Audit (COA) reverted back to the old accounting accounts which is IT equipment.

After a thorough discussion, Draft Ordinance No. 2009 O-22 was approved, by a majority votes, with Councilor Lugie Lipumano-Garcia opposing, on its second and final reading, on motion of Councilor Jonathan J. Manalo.

Other Matters

A. Draft Resolution No. 2009 R-047 – “A Resolution Ratifying The Extension Of The Loan Agreement Between The Development Bank Of The Philippines And The City Government Of Olongapo Concerning The Twenty Two Million “One–On–One” Loan From 06 April 2009 To 01 April 2010,” was considered by the body as an urgent matter on motion of Councilor Jonathan G. Manalo.

Mr. Marcelino Andawi, City Treasurer of Olongapo City, delivered his narrative regarding the twenty two million pesos (PhP22,000,000.00) loan that was lent by the Development Bank of the Philippines (DBP) to the City Government of Olongapo during the term of former Olongapo City Mayor Katherine H. Gordon. According to Mr. Andawi, we have been renewing this and last year the renewal was for one year. Now we are renewing it again for one year. He mentioned that they already requested DBP to convert the loan into a term loan, but the bank cannot act on it yet because we are still having some other loans under process. The monthly interest for the loan is ten percent (10%).

The Presiding Officer asked Mr. Andawi as to how much the City Government will be paying to DBP monthly. According to him, they will be paying one hundred eighty three thousand pesos (PhP183,000.00) per month, excluding the principal.

Councilor Lipumano-Garcia inquired as to how much has been paid by the city government to DBP since the loan was approved by the bank and when the 22 million started.

Mr. Andawi said that the loan was approved by the bank in the year 2000 during the term of former Mayor Katherine H. Gordon, and the terms of agreement has since been renewed yearly. He added that they are coordinating with DBP.

In addition, Councilor Lipumano-Garcia suggested if it will be possible that out from the income from the monthly dues collected from tenants renting stalls in the City Mall, the city government will get also the payment for the principal of the DBP loan and not on the interests incurred only.

Mr. Andawi thinks the proposal could be considered also because the Mall is now making money. He pointed out that they will have amortization schedule which will include the principal, to be paid in seven (7) years. For him, term loan is better because the interest is diminishing.

Councilor Gie Baloy questioned Mr. Andawi as to the why the validity of the terms of agreement only effective for 360 days, or one year.

Mr. Andawi replied that the bank usually computes 360 days.

After a lengthy deliberation, Draft Resolution No. 2009-R-47 was approved unanimously on its second and final reading, on motion of Councilor Jonathan J. Manalo.

B. “An Ordinance Temporarily Closing Portion Of Ramon Magsaysay (RM) Drive (From Corner Gordon Avenue To Perimeter Road) To Traffic From 2:00 P.M. Of April 11, 2009 Until 2:00 A.M. Of April 12, 2009 As Venue For The Black Saturday Concert,” was considered by the body as an urgent matter and was approved unanimously on its second and final reading, on motion of Councilor Aquilino Y. Cortez, Jr.

Adjournment

There being no further matters to be discussed, the session was adjourned at 11:50 in the morning, 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