Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 21, 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. Cheenee F. Hoya - - - - - - - - - - - - -SK Federation President

Call to Order

The Presiding Officer Cynthia G. Cajudo called the session to order at 5:04 in the afternoon.

Roll Call

With ten (10) City Councilors and the Presiding Officer present, a quorum was declared by the Presiding Officer.

Reading and Adoption of Minutes

On motion of City Councilor Gina G. Perez, the Minutes of the Regular Session dated 30th of September 2009, was unanimously adopted by the members of the body.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, City Councilor Rodel S. Cerezo moved to dispense the reading of the day’s agenda, because of the bulk of the items under First and Second Reading, and for its approval. The said motion was unanimously approved by the body.

First Reading:

1. Draft Resolution No. 2009 R-122 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into Tripartite Agreement With Subic Bay Metropolitan Authority (SBMA) And Hanjin Heavy Industries And Construction – Philippines (HHIC-PHIL) For The Construction And Operation Of A Jetty Facility At Barangay Barretto. Sponsored by City Councilor Edwin J. Piano. (Referred to the Committee On Public Works and Engineering)

2. Draft Resolution No. 2009 R-123 – A Resolution Commending Eliseo De Guzman For His Invaluable Contributions To The City Of Olongapo As City Director Of The Department Of The Interior And Local Government (DILG). Sponsored by City Councilor Edwin J. Piano. (Referred to the Committee as a Whole)

3. Draft Resolution No. 2009 R-124 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With The SBDMC, Incorporated Represented By Its Corporate President, Mr. Jeff Lin, Regarding The “Eco-Farm Productivity Through Conservation” Project. Sponsored by City Councilor Elena C. Dabu. (Referred to the Committees on Farming and on Livelihood)

4. Draft Resolution No. 2009 R-125 – A Resolution Superseding Resolution No. 114, Series of 2009, To Secure The Best Possible Terms And Optimum Benefits From The Long-Term Lease Of The City Mall. Sponsored by City Councilors Gina G. Perez, Rodel S. Cerezo, Angelito W. Baloy, Aquilino Y. Cortez, Jr., Edwin J. Piano, Anselmo A. Aquino, Elena C. Dabu, Jonathan G. Manalo, and Cheenee F. Hoya. (Referred to the Committee as a Whole)

5. Draft Resolution No. 2009 R-126 – A Resolution Re-Affirming Olongapo City’s Historic Right Over Driftwood Beach. Sponsored by City Councilor Aquilino Y. Cortez, Jr. (Referred to the Committee on Lands)

6. Draft Ordinance No. 2009 O-36 – An Ordinance Centralizing The Landing Of Fishing Vessels At The New Banicain Fish Port And Providing Fees Thereof. Sponsored by City Councilor Edwin J. Piano. Sponsored by City Councilor Edwin J. Piano. (Referred to the Committee on Lands)

7. Draft Ordinance No. 2009 O-37 – An Ordinance Temporarily Closing Portion Of The Ramon Magsaysay (RM) Drive (From The Corner Of Gordon Avenue To Fountain Of Unity Rotunda) To Traffic From 10:00 A.M. Of October 29, 2009 Until 11:59 P.M. Of October 31, 2009, As Venue For The October Mardi Gras, The Ulo Ng Apo Festival 2009. Sponsored by City Councilor Aquilino Y. Cortez, Jr. (Referred to the Committees on Traffic and on Business)

Second Reading:

1. Draft Resolution No. 2009 R-094 – A Resolution Enjoining All Local Government Units (LGUs), Subic Bay Metropolitan Authority (SBMA) And NonGovernmental Organizations (NGOs) Around Subic Bay To Participate In The Creation Of Subic Bay Waterways Council And Support The Projects Thereto. Sponsored by City Councilor Edwin J. Piano.

2. Draft Ordinance No. 2009 O-29 – An Ordinance Instituting Olongapo Product Center In The City, Creating A Policy Making Body, Establishing A Program For The Selection, Quality, Preservation, Packaging And Promotion Of Authentic Local Products And Providing Funds Thereof. Sponsored by City Councilor Gina G. Perez.

3. Draft Ordinance No. 2009 O-031 – An Ordinance Establishing Olongapo City Code Of General Ordinances. Sponsored by City Councilor Edwin J. Piano.

4. Draft Resolution No. 2009 R-108 – A Resolution Confirming The Renewal Of Temporary Appointment Of Mr. Dante P. Ramos As City Government Department Head II (ESMO) SG – 26. Sponsored by City Councilor Edwin J. Piano.

5. Draft Resolution No. 2009 R-114 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Secure A Department Of Environment And Natural Resources (DENR) Bathing Permit For Mayanga Island And Other Islands Surrounding Or Within The Jurisdiction Of Olongapo City. Sponsored by City Councilor Gina G. Perez.

6. Draft Resolution No. 2009 R-118 – A Resolution Ratifying The Contract Of Affiliation (COA) Entered By And Between The City Government Of Olongapo And Lyceum Subic Bay Represented By Its President And CEO, Alfonso E. Borda, For The Training Of Its Nursing Students At The James L. Gordon Memorial Hospital. Sponsored by City Councilors Angelito W. Baloy and Jonathan G. Manalo.

7. Draft Resolution No. 2009 R-119 – A Resolution Ratifying The Memorandum Of Agreement (MOA) Entered By And Between The Olongapo City Health Office Represented By The Honorable City Mayor James Gordon, Jr. And Lyceum Subic Bay Represented By Its President And CEO, Alfonso E. Borda, For The Training Of Its Nursing Students At The James L. Gordon Memorial Hospital. Sponsored by City Councilors Angelito W. Baloy and Jonathan G. Manalo.

8. Draft Resolution No. 2009 R-121 – A Resolution Naming The Park In Front Of Gordon College And Olongapo City Public Library To Fil-Am Park. Sponsored by City Councilor Edwin J. Piano.

9. Draft Ordinance No. 2009 O-33 – An Ordinance Establishing Clinics In Public Elementary And Secondary Schools in Olongapo City. Sponsored by City Councilor Gina G. Perez.

10. Draft Ordinance No. 2009 O-34 – An Ordinance Declaring December 7, 2009 As A Special Holiday In Olongapo City In Celebration Of The City’s 50th Turn-Over Anniversary From American Government And 26th Year Anniversary As Highly Urbanized City. Sponsored by City Councilor Edwin J. Piano.

11. Draft Ordinance No. 2009 O-35 – An Ordinance Disallowing The Posting Of Billboards Along Fenced Area Of Anonas Bridge, West Bajac-Bajac. Sponsored by City Councilor Edwin J. Piano.

Communications and Referrals of Business

Communications Read:

1. Letter from Lloyd D. Nicdao, Adviser/Complainant of Hon. Mac Arnold D. Concepcion, SK Chairman, Barangay New Cabalan, Olongapo City, addressed to Mr. Mar C. Ferrer, Fact-Finding Committee Chairman, New Cabalan, Olongapo City, with regard to his letter dated October 12, 2009 inviting him for a preliminary investigation on their complaint against the Barangay Treasurer Perla C. Jacinto. It is their view that creation of such committee and such invitation is already late, and further informing that they no longer need to appear in any committee hearing for this issue under the created fact-finding committee. (For information and referred to the SK Federation President)

2. Memorandum from Ferdinand M. Magrata, City Administrator, addressed to all Department Heads and Chief of Offices, City of Olongapo, regarding the Wearing and Display of City Government Employees Identification (ID) Cards. (For compliance of every employee and referred to the Secretary for proper dissemination and meeting)

3. Letter from Mar C. Ferrer, Chairman, Fact-Finding Committee, Barangay New Cabalan, Olongapo City, addressed to Mac Arnold Concepcion, SK Chairman, New Cabalan, Olongapo City, requiring him to explain in writing why he failed to appear on the scheduled preliminary investigation on his complaint against Mrs. Perla C. Jacinto last October 14, 2009. The said investigation was reset on Saturday, October 17, 2009, 3:00 P.M., at the Lupon Office. (For information and referred to the SK Federation President)

4. First Endorsement from the City Mayor, addressed to the Honorable City Vice-Mayor Cynthia G. Cajudo and Members, Sangguniang Panlungsod, the copy of the Memorandum of Agreement (MOA) to be entered into by and between Philippine Postal Corporation, represented by its Postmaster General and CEO, Mr. Hector R.R. Villanueva, and the City Government of Olongapo, represented by the City Mayor. (Referred to the Committee on Ways and Means)

5. Copy of Barangay Resolution No. 035, Series of 2009, of Barangay Kalaklan, Olongapo City, entitled: “A Resolution To Generate Other Income Generating Programs By Imposing Fees On Service Rendered To Business Stalls And Maintenance Operation Of Public Utility Vehicles On The Annual Celebration Of All Saints Day Event In Barangay Kalaklan Public Cemetery.” (Referred to the Committees on Business and on Traffic)

6. Letter from the Barangay Council of Barangay Kalaklan, Olongapo City, headed by Honorable Ricardo N. Federico, Punong Barangay, Brgy. Kalaklan, Olongapo City, addressed to the Olongapo City Council thru Honorable Anselmo A. Aquino, City Councilor, Chairman, Committee on Zoning and Land Use, Olongapo City, seeking assistance for the repair of the CBMU Street in Upper Kalaklan, considering that most of their annual appropriations for projects are good only for minor projects. Attached is a petition letter of the residents of said area, that according to them, it has been their clamor that this dilapidated street be repaired. (Referred to the Committees on Public Works and Engineering and on Appropriations).

7. Copy of the Endorsement Letter from City Councilor Anselmo A. Aquino, Chairman, Committee on Public Works and Engineering, addressed to Honorable Mareybeth Marzan, Department Head, City Planning and Development Office, and Engineer Bobby Alvarez, Department Head, Engineering Department, requesting for the ocular inspection, study of the area, and proposed action on the repair of CBMU Street, Upper Kalaklan. (For notation)

8. Memorandum from City Councilor Anselmo A. Aquino, Chairman, Committee on Public Works and Engineering for Honorable Ricardo N. Federico, Barangay Captain, Kalaklan, Olongapo City, informing him that his office, thru City Planning Office and City Engineer’s Office, and with some of the residents, will conduct a site inspection on CBMU Street, Upper Kalaklan. (For information)

9. Memorandum from Dante P. Ramos, City Government Department Head II, for Honorable City Mayor James Gordon, Jr., regarding the Waste Segregation and Simplified Recycling Policies and Guidelines. (For dissemination and proper discussion)

10. Letter from Undersecretary Diony A. Ventura, MNSA Administrator, National Mapping and Resource Information Authority, addressed to Honorable City Mayor James Gordon, Jr., which refers to his request for updates on proposed Land Classification (LC) Project No. 13-K and the Iram Resettlement and Pinagpala Areas. Enumerated in here are the status. (Referred to the Committee on Lands)

11. Letter from Engineer Marivic J. Nierras, Officer-In-Charge, CPDO, addressed to the Honorable City Mayor James Gordon, Jr., concerning the project implementation of the New Banicain Fish Port, which was funded by the Philippine Fisheries Development Authority (PFDA), thru the effort of the City Mayor. Her office is recommending to furnish a copy of the Memorandum of Agreement (MOA) between the City of Olongapo and PFDA pertaining to the said project to the concerned offices, such as the City Engineer’s Office, City Budget Office, City Accountant’s Office, and City Treasurer’s Office to inform/remind them of their responsibilities in the implementation and operation of the project. (Referred to the Secretariat for proper coordination)

12. First Endorsement from Raul M. Mamac, OIC, CENR Office, Department of Environment and Natural Resources, Olongapo City, forwarding the updated report regarding the criminal case filed against Dr. Helen B. Aggabao and Erick Nathaniel Ellano, for violation of Section 68 of P.D. 705 and Section 3 of P.D. 953. (Referred to the Committee on Lands)

13. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel Office, for all Department Heads/Office Heads, requesting to submit to the Personnel Office the list of employees on Casual, Contract of Service, and Job Order, whose appointments will expire at the end of December 2009, for renewal from January 1, 2010 to June 30, 2010, to reach her office by the 30th of October 2009. (City Councilors are reminded to recommend their staffs to the Office of the City Mayor)

14. Memorandum from Honorable City Councilor Anselmo A. Aquino, Chairman, Committee on Public Works and Engineering, addressed to Engineer Bobby Alvarez, OIC, Engineering Department, Olongapo City, regarding the fencing demolition. Attached to this is the letter of Ms. Teresita Abdon expressing her complaints. (Referred to the Committee on Public Works and Engineering)

15. First Endorsement from the City Mayor James Gordon, Jr., addressed to the Honorable City Vice-Mayor Cynthia G. Cajudo and Members, Sangguniang Panlungsod, the copy of the Memorandum of Agreement to be entered into by and between HHIC-Philippines Inc. (Hanjin), represented by its Vice-President, Myung Goo Kwon, Subic Bay Metropolitan Authority (SBMA), represented by its Administrator and CEO, Armand C. Arreza, and the City of Olongapo, represented by the City Mayor. (Referred to the Committee on Public Works and Engineering)

16. Manifestation of the Will of the People of Barrio Barretto, Olongapo City, with the attached “Petisyon Mula Sa Barangay Barretto Home Owners Association.” (For information and referred to the Committee on Public Works and Engineering)

17. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel Office, to all city government officials and employees, regarding regular and special non-working days in November. (For information)

18. Letter from Lion Florinda G. Antonio, addressed to Vice-Mayor Cynthia G. Cajudo, requesting help in printing their souvenir program. (Referred to the Committee on Appropriations)

19. City Mayor’s urgent request for “A Resolution Superseding City Council Resolution No. 114, Series of 2009, To Secure The Best Possible Terms And Optimum Benefits From The Long Term Lease Of The City Mall.” (Referred to the Committee as a Whole)

20. Proposed resolution, denominated as “A Resolution Re-affirming Olongapo City’s Historic Right Over Driftwood Beach And Supporting Initiatives To Ensure It Would Be Utilized For The Benefit Of The Entire Community, While Being Put To Optimum Use For Public Service.” Considering that the measure relates to development of property earmarked by the city, to be sued, among others, for tourism-related initiatives, transport hub for free port workers, and for development projects that would facilitate the equitable distribution of benefits generated form the property to the entire community, due priority must be accorded to the measure. The City Mayor is certifying for the urgency of the passage of this resolution. (Referred to the Committee on Lands)

Committee Reports

None.

Calendar of Business

1. Draft Resolution No. 2009 R-094, entitled: “A Resolution Enjoining All Local Government Units (LGUs), Subic Bay Metropolitan Authority (SBMA) And NonGovernmental Organizations (NGOs) Around Subic Bay To Participate In The Creation Of Subic Bay Waterways Council And Support The Projects Thereto.”

As a background information, City Councilor Piano said that the research conducted by the Asian Development Bank (ADB), and the study of the Local Water Regulatory Board, showed that generally, the country’s water resources, from the ADB’s perspective, and the local bays and rivers from the Local Water Regulatory Board’s point, are fast deteriorating with the present pollution and waterways status, as evidenced by the worsening flooding conditions. The City Councilor remarked that serious scarcity of clean water will eventually affect the population in the near future. He added that the devastating effect of massive flooding and the other calamities recently experienced may again recur with a more catastrophic effect if nothing will be done. With the changes in the climate, the government sees the need to put their acts together for the protection, preservation, and revival of waterways.

According to the City Councilor, the task of saving our environment should be everyone’s concern and necessitates a responsible Council to take the lead for a unified action of all stakeholders. He pointed that this move should not come from the City of Olongapo alone but from all surrounding areas or localities with bodies of water connected to Subic Bay. Although there was already an initial talk between the Subic Bay Metropolitan Authority (SBMA) and the City of Olongapo, City Councilor Piano said that nearby localities must be enjoined to participate through a legislative measure, so that each will take responsibility to whatever agreed upon assigned tasks delegated for each. Thus, invitation to the different municipalities and non-government units, like the businessmen and industries that affect the said bodies of water, is formalized in the proposed measure.

Draft Resolution No. 2009 R-094 was approved by the body unanimously, in its second and final reading, on motion of City Councilor Edwin J. Piano.

2. Draft Ordinance No. 2009 O-29, entitled: “An Ordinance Instituting Olongapo Product Center In The City, Creating A Policy Making Body, Establishing A Program For The Selection, Quality, Preservation, Packaging And Promotion Of Authentic Local Products And Providing Funds Thereof,” was deferred by the body, on motion of City Councilor Gina G. Perez, pending further consultation.

3. Ordinance No. 2009 O-31, entitled: “An Ordinance Establishing Olongapo City Code Of General Ordinances,” was deferred by the body, on motion of City Councilor Edwin J. Piano, pending finalization of the measure.

4. Draft Resolution No. 2009 R-108, entitled: “A Resolution Confirming The Renewal Of Temporary Appointment Of Mr. Dante P. Ramos As City Government Department Head II (ESMO) SG – 26.”

The Presiding Officer recognized the presence of Mr. Dante Ramos, the incumbent Department Head of the Environmental Sanitation and Management Office, on motion of City Councilor Edwin Piano, to answer queries from the body.

For the first query, City Councilor Ellen Dabu asked Mr. Ramos for the date he started his career in the city government. Mr. Ramos replied that he started on August 24, 1980, as a Sanitary Inspector of the City Health Department, in which his service record now totals to thirty years. The City Councilor followed up a query on when Mr. Ramos was transferred to ESMO and what was his first position at ESMO.

Mr. Ramos discussed that in 1982, there was no Environmental and Sanitation Office. The garbage matters were in the City Health Department, under Dr. Generoso Espinosa, as one of its division. He was appointed Department Head either in 1989 or in 1990 from what he recalls.

City Councilor Gie Baloy asked if since 1990, Mr. Ramos’ appointment was temporary in nature. Mr. Ramos affirmed. City Councilor Baloy followed-up on why it was temporary in nature for nineteen years. Mr. Ramos explained that during those times, he was busy, but he will try to take the Civil Service Examination the coming year. The City Councilor again asked if there was no one qualified for the position considered. Mr. Ramos replied that he thinks he was not in the position to answer that particular query. City Councilor Baloy just asked to be clarified if for the said nineteen years, Mr. Ramos made no attempt to take the Civil Service Examination, which is the only requirement unmet for him to be appointed permanent. Mr. Ramos answered in the affirmative.

City Councilor Jong Cortez remarked that they knew Mr. Dante Ramos as the industrious head of ESMO. The City Councilor mentioned about the containerization project, where the city spent Php160 Million for the procurement of container bins. He then asked Mr. Ramos if the population or citizenry are continually given information or education regarding the CR3 Program. The City Councilor pointed that it would go to waste if people would not learn how to segregate. He added that though ‘recycling’ is a tedious process, the people must have proper understanding of it. Just like in the United Kingdom, which has been into recycling for ten years already, but still, only 51% of the population are able to comply.

As a response, Mr. Ramos apprised the body that there is continuous on-going information dissemination in the community, just like last Wednesday, where two groups from their Office went out to the barangays to educate people on the matter. He added that they started the said information dissemination in schools, covering elementary, high school, and college levels. They also went to churches, barangays, puroks, and others. Mr. Ramos said he was instructed by the City Mayor, about five months hence, to seek assistance of the barangay officials, which he did. The waste segregation project, according to Mr. Ramos, needs time to be implemented successfully, because the practice of waste segregation cannot just be imposed on people. He said that the people of Olongapo are not really difficult to convince. There were several projects implemented in the past, such as the First Integrated Garbage Collection System and the Color Coding Scheme, which the people were able to follow. Thus, it cannot be said, according to Mr. Ramos, that the people of Olongapo are hard to persuade. As mentioned, even in the United Kingdom, in the ten years of implementation, only 51% of the population naturally is practicing it. For the case of the garbage containers being full to the brim or overly full, Mr. Ramos pointed out that the amount of garbage dumped could not really be measured. There are heavy and light days, and also, sometimes, as many as five to ten families share in the use of one garbage bin. If there were enough bins for all, then the problem on overly filled bins will not be seen he said. As a more concrete example of the so-called ‘Bin-Sharing,’ Mr. Ramos said that households within the 6-meter or 5-meter distance share in one garbage bin. However, he said, the case of overly filled bins are only 5-7%, which are mostly seen in the areas of Barangay East Bajac-Bajac, Barangay East Tapinac, Barangay West Tapinac, Barangay Kababae, and Barangay Ilalim. These are not common in Barangay Sta. Rita and Barangay Gordon Heights. As part of the information drive, they play the CD they made as the garbage trucks go around the community, which contains information about the matter, instead of playing their usual garbage collection jingle.

City Councilor Jong Cortez mentioned that one of the sources of funding for the Containerization Project was the Tipping Fee from the use of SBMA of the city’s landfill as their dumpsite. The City Councilor then asked Mr. Ramos if there is continuous generation of income from that, and if the said generated income is enough to help in the payment of container bins.

Mr. Ramos informed the body that the SBMA is continuously paying the city the Tipping Fee, which was already six to seven months, with an average amount of Php500,000.00 per month. The said amount may still go up once the city gets hold of the weighing scale, which was supposed to be used to measure the weight of the garbage dumped. The said weighing scale is still with SBMA, pending some necessary documents, but within the current month or early next month, Mr. Ramos said that they would already be able to get it and then install it. Once installed, the city can already get the actual weight of the garbage dumped in SBMA, which SBMA pays per ton. At present, SBMA pays for two tons per day per truck. According to Mr. Ramos, if the city were to purchase the weighing scale, it costs about two to three million pesos. Thus, the city patiently waited for the weighing scale to be taken from SBMA, so there will be no need to buy.

City Councilor Edwin Piano queried that if the said weighing scale is functioning, then why were the garbage not weighed there in SBMA, so that the actual weight of the truck is already measured and recorded. Mr. Ramos said that he was talking of two weighing scales. The weighing currently used by SBMA was out of working order. He said he was referring to the other weighing scale. Mr. Ramos recollected that in 1997, SBMA and the City of Olongapo made an agreement that the number of equipments to be used for the joint project on the rehabilitation of the city’s landfill and SBMA’s landfill will be divided for each, which includes one weighing scale and compactor trucks. However, the project was stopped, but the weighing scale intended for the city was not given and was in the safekeeping in SBMA. There was no problem in its transfer to the city, but, only the necessary documents for its transfer are being completed.

City Councilor Ellen Dabu inquired on the status of the scavengers of the landfill, who their organizer is and what livelihood programs are intended for them. The City Councilor said that her query was based on the information given earlier that a Php500,000.00 income is being generated monthly from the landfill. Mr. Ramos replied that at present, the scavengers of the city’s and SBMA’s landfills are organized and supervised under the ESMO. He added that the new group of scavengers are led by Carding Rivera, the team leader and the contact person. Mr. Ramos relayed to the body that the City Mayor instructed him not to lay-off, but instead to absorb all the scavengers coming from SBMA. Thus, the plan to absorb only two hundred scavengers was put aside, and was even increased, since all were absorbed to work. The supposed projected income for each scavenger, which is Php200.00, became Php150.00 and Php100.00.

To the query of the Presiding Officer as to how many were absorbed, Mr. Ramos said that there are three hundred scavengers absorbed from SBMA. The city itself has more than one hundred scavengers.

City Councilor Jong Cortez brought to the knowledge of Mr. Ramos the grievance aired by the scavengers of Cabalan that the private haulers in SBMA, although are paying the tipping fee to SBMA, which were consequently remitted to the city, the said private haulers go directly to the different junk shops. City Councilor Cortez requested to Mr. Ramos that the said system or process be corrected, so that the scrap from the private haulers will go directly to the landfill for the benefit of the scavengers.

Mr. Ramos answered that the said information already came to his knowledge and the problem was already relayed to the Transportation Department of SBMA, which is also their contact point as regards to the said matter. He added that they were able to take at least seven to eight pictures of the haulers caught-in-the-act of bringing the scraps to other places, which they already reported to the SBMA Administration. According to Mr. Ramos, SBMA Administrator Arreza accredited five haulers at the time when dumping at the SBMA landfill was stopped. They caught several instances of the unauthorized dumping done at different sites, like in Purok 3 at the site where there is an on-going building of houses; at the part of Tipo and part of Iram. The pictures were already forwarded to Mr. Dado of SBMA and they asked for a schedule to meet him. Mr. Ramos said that they would go to Administrator Arreza to discuss how to resolve the matter.

City Councilor Ellen Dabu mentioned to Mr. Ramos for the record that Nakano Tonyeh Company, a locator in SBFZ, donates rugs, which goes to the different barangays of the city. These rugs are used in the ‘Rug-Making Livelihood Project’ for each barangay. Patrol vans are used by the barangays to pick-up the rugs at the landfill through Carding, the team leader. The City Councilor said that up to now, she shoulders the Php2,000.00 payment for the scavengers, care of Carding, for the thirty-two bundles, so that the rug-making project will be continuous. The City Councilor asked Mr. Ramos if they could just get the bundles of rugs for free, since it is for the benefit of the barangays. Mr. Ramos replied that he is not in the position to decide on the matter because they are not the ones receiving the items. He then assured City Councilor Dabu that he would go to the dumpsite the following day to talk to the team leader, and discuss how the said rugs can be availed free of charge. He promised to give the update within the week.

The Presiding Officer asked clarification from Mr. Ramos if there are no additional expense from the city for gasoline used by the trucks that bring the garbage to the dumpsite. Mr. Ramos clarified that there is no additional expense for whatever, from the city.

City Councilor Lipumano-Garcia asked Mr. Ramos the question she asked before if the trucks used are rented out. Mr. Ramos answered that it is not rented. In another query, City Councilor Garcia requested Mr. Ramos to give a report about the dredging machine purchased in the recent trip to the U.S.

The Presiding Officer re-directed that they should first finish the topic on garbage. She then asked if there were any more queries from the body.

City Councilor Gie Baloy asked if some of the seven-compactor trucks were still not in use, since he saw one of the old garbage trucks still in use. So far, Mr. Ramos said that six compactor trucks are being used, out of the seven. He explained further that the city could not use all the compactor trucks concurrently. In case something breaks down, there will be a replacement for it, since those trucks are not that easy to repair when something breaks down. Also, the six old trucks are still in use to augment the need for more trucks. Mr. Ramos said that the areas of the markets and the main streets like in Magsaysay Drive, Rizal Avenue, Gordon Avenue, Elicaño, and 14th Streets, garbage are still collected the old way – “mano-mano,” because Mr. Ramos said it will be unsightly with the garbage bins on display in the areas mentioned. Collection is still done at night, when garbage is taken out.

The Presiding Officer asked for a feedback on how the segregation of waste process was affected, since the time the city started the use of garbage bins. Mr. Ramos apprised the body that there was an agreement that the collection of the recyclables will be by the barangays, and only the residuals will be placed in garbage bins. However, according to Mr. Ramos, problems arose on the collection. In relation to this, he said he already asked for a meeting with the barangay officials on Monday at 9:00 A.M. to finalize the agreements if they still are willing to collect the recyclables or if not, with the instruction of the City Mayor, these recyclables will directly be given to junkshops per barangay. Said junkshops were already organized, and ready to start the collecting, however, Mr. Ramos said decisions would be made from the result of the scheduled meeting with the barangay officials on Monday.

.The Presiding Officer asked for the process on how the recyclables will be collected. Mr. Ramos said that it will be discussed on their meeting, but the plan was to have a separate day of collection for the recyclables from the residuals, and since there are many junkshops, which have their own “eco-aides.” It is contemplated that may be these “eco-aides” can do the house-to-house collection of the recyclables, he said.

To the query of the Presiding Officer if the junkshop operators are being forbidden to ask for the said items as they go house-to-house, Mr. Ramos replied that what they are prohibited to do are the tearing of garbage bags or opening the garbage bins.

City Councilor JC Delos Reyes queried about the issue that was published in the local newspaper, which concerns Mr. Ramos. Mr. Ramos explained that he was surprised about the issue when it was brought to his attention by his staff. The house, mentioned to be under worth Php10 Million, was a big lie. He then informed the body that the said house and lot was mortgaged to both him and Engineer Lopez in the year 2004 by Mr. Jun Roa, who has the Special Power of Attorney, in the amount of Php2 Million. He said he brought the documents with him as proof of the mortgage. Mr. Ramos further relayed that at that time, he and Engineer Lopez operate a business in SBMA. The income from the said business was what was used for the availment of the house and lot.

City Councilor JC Delos Reyes inquired what their business in SBMA was. Mr. Ramos replied that they entered into a business on ‘scraps.’ He added that the person who put the said house and lot in mortgage agreed to give monthly payment plus a 5% interest per month. A year passed, no payment was received. When they confronted him, the person told them he would not pay. It was then the time they sought the services of a lawyer, Attorney Emmanuel Nobleza. The lawyer advised them that need to extend the deadline of payment for another twelve months, to make it two years all in all. However, after two years, Mr. Roa told them that only the court could make him leave the place. After which, they got the services of Attorney Mendoza. Consequently, the Municipal Trial Court in favor of them. The defendant again filed an appeal at the Regional Trial Court, but lost. So, there was no truth to the issue that it was bought at Php10 Million, and he has with him the documents that would prove the truthfulness of his statement. Furthermore, Mr. Ramos said that when it was awarded to them by the court, they opted to sell it for Php5 Million, however, no one availed, thus, they just had the house repainted and decided to place it for rent. City Councilor JC Delos Reyes asked for the year it was awarded to them, and if they went to the Assessor’s Office for the processing of the documents for the tax declarations. Mr. Ramos said that it was awarded to them by the court in the year 2008. City Councilor Delos Reyes queried if it already appeared in their tax declaration for CY 2008. Mr. Ramos explained that he is not sure of the date when the decision of the court was given.

City Councilor JC Delos Reyes advised Mr. Ramos that if he found the newspaper article malicious, he has the right to file a case with libel, but the City Councilor stressed that the main concern or issue was whether the said property purchased was included in the Statement of Assets and Liabilities. Mr. Ramos explained that it was still not in his 2008 Statement of Assets and Liabilities, because he was not sure if it was already transferred to their names when the decision came out in 2008. City Councilor JC Delos Reyes said that when the decision was placed in public record, it meant that the court has awarded the property to them. With regard to his capacity as the ESMO head, City Councilor JC said he would not question Mr. Ramos’ capacity, because the way he sees it, he thinks Mr. Ramos is doing his work. There was one thing he wanted to ask, about a certain Mr. Facelo, who claimed to have been hurt physically by Mr. Ramos. Mr. Ramos said the issue was already in the court, so he expressed to just let the court decide on it. In response, City Councilor JC Delos Reyes said that perhaps, Mr. Ramos would also respect his decision not to confirm him again. Mr. Ramos accepted and added that if the City Councilor would let him, he would like to talk to him one day to discuss, in the detail, the issue. City Councilor JC Delos Reyes agreed.

City Councilor Lugie Lipumano-Garcia went back to the query on the Civil Service Examination earlier asked by City Councilor Gie Baloy. She asked Mr. Ramos on when was the last time he tried the exam. Mr. Ramos replied that he has not tried taking it yet, but he will try it may be next year. He was just busy lately, but he is now reviewing.

City Councilor Lugie Lipumano-Garcia pointed that it would be better if one meets the qualification for the position. Mr. Ramos affirmed. The City Councilor then asked about the dredging machine. Mr. Ramos discussed to the body that the said machine could be a dredging machine and a dredger. He added that it might be the answer to the flooding problem experienced by the city recently, for which the people expressed that it may be the time to dredge the rivers; however, there was not enough equipments and fund for dredging.

The dredging machine, according to Mr. Ramos, is a model 5012 HP or High Pressure, because there is another model with Low Pressure. It is 42 feet long and 11 feet wide, and weighs 12 tons. It will be delivered to the city on December 15, coming from the Pier in Manila, not from SBMA. It will be placed in a 40-footer container, unassembled parts and will just be assembled here. It has a black color floater, which is totally stainless. Its excavator cutter head, the part that suctions sands or dirt for excavation, is not shaped round, like the one in other dredging machines. Instead, it is wider, thus, suctions more, up to ten to twelve ten-wheeler dump truck every hour. Its star wheel drive, the part that acts as the feet for mobility, is stainless steel. The discharge hose is twelve inches long. The dredging machine’s diameter on the left part and the one going upward are the ones that will suction out the sand and water. It can dig up to 22 feet or more. He mentioned that there are many orders of the said machine in the U.S. The U.S. government donated 12 of the same in Iran. Mr. Ramos said the company is reliable. The vacuum teeth is replaceable.

Mr. Ramos informed the body that in the city, they cannot advice to do deep excavation or dredging, especially in the areas of Mabayuan, Sta. Rita, and Gordon Heights, because the problem that may happen is that the walls on or near the riverside may collapse. It can only be from 1.5 to 2 meters. The 22 feet depth of excavation or deeper is needed to be done at the mouth of the Kalaklan River, which is at present, is already very shallow. As per the investigation done by the Engineering Department, it may take 2, 3, or 4 years before the city completes the excavation of the mouth of the Kalaklan River. Mr. Ramos then mentioned that the hydraulic excavator controls the going-up and down of the suctioning end. The KB is its main control. Also, the machine is air-conditioned. Its engine’s brand is John Deele from U.S., 6-cylinder with 335 horsepower. According to Mr. Ramos, from his work experience during the time of the U.S. Navy, the John Deele U.S. brand is really durable. The engines used for their trucks was that brand, and it was also the brand of the generators in the hospital. The hydraulic footing is stainless steel. The High Pressure Pump can eject up to 1 kilometer. The hose can be joined or pieced together. He mentioned that he just forgot to ask for the number of hose that is included in the package. The hose is 25 in length and 47 meters. The hose connector is also stainless.

Mr. Ramos expressed that his only request to the City Mayor and to Engineer Alvarez, is to put up a temporary shelter for the said dredger. He said he cannot just leave it unsecured because it may be damaged or that some parts may be stolen, just like what happened with the dredging machine borrowed from the DPWH. Some parts of it were damaged and the cover was missing. Mr. Ramos suggested doing the same as what was done in Bulacan and Dagupan. What they saw when they visited the said places, the operators of the dredging machine already have their quarters very near the shelter for the said machine. They already live there so that there will be permanent watchers or guard for its maintenance and protection.

City Councilor Lipumano-Garcia asked if the men were trained on how to use it, and she likewise asked on who shall do the servicing and the assembling of the parts when it arrives. Mr. Ramos replied that the company would send its men to do the assembling. With regard to the service, Mr. Ramos said that it was his first query to the company. He said that he told them to have a tie-up in Manila, so that when services will be needed, they can provide it at once. The company said yes to him. The warranty is one year, whichever comes first.

The Presiding Officer asked if the vacuum is included. Mr. Ramos affirmed. As a follow-up, the Presiding Officer asked if there was a vacuum purchased, which was billed separately. Mr. Ramos explained that the dredging machine can do suctioning on its own, but it is different with the Vactor Truck.

The Presiding Officer asked if there was also a Vactor Truck purchased, aside from the dredging machine, because it is what is needed to be used at the Triangle.

In another matter, the Presiding Officer queried if there will be holding site for sand that will be suctioned by the dredging machine. Mr. Ramos suggested that there is a need to identify a waste disposal site, because it is expected that the volume of sand will be suctioned. Further, he said that it was discussed in their meeting earlier that day that disposal sites must already be identified.

The Presiding Officer suggested the landfill. Mr. Ramos said that as per consultation with the engineers of SBMA, they suggested the area that was identified as disposal sites during the time of the Americans here, at the middle of the sea. In our city, the Engineering Department shall find a place where to mound the suctioned sand, before it is hauled through a dump truck to low-lying areas of the city, and then compacted by a pay loader.

The Presiding Officer asked if there was a floating barge to temporary lodge suctioned sand. Mr. Ramos said that in an hour, the machine can fill-up fourteen dump trucks. However, the sand cannot be collected or hauled, while the suctioning is on going, because it needs to dry-up first. To the query of the Presiding Officer as to where the suctioned sand will be temporarily piled, Mr. Ramos said that the Engineering Department will still look for a place.

The Presiding Officer opined that if they were to pile the sand in the middle of the sea, then, that part will become shallow and that the seawater will be displaced to the mainland. Mr. Ramos affirmed.

City Councilor Gina G. Perez inquired to the head of ESMO if there was a specific action plan for the dredger, once it arrives and assembled, or its schedule chart. The City Councilor stressed that if there were none yet, she said it would be better to have one already, and have it presented to the Sangguniang Panlungsod. Mr. Ramos acknowledged the suggestion, and said that he would advice Engineer Alvarez to present it to the body soon.

City Councilor JC Delos Reyes said he wanted to know as to when Mr. Ramos will take the Civil Service Examination. Mr. Ramos said that he will take it next examination. He is reviewing for it already. The City Councilor said that it is better to put it on record, because for the past decades, the City Council keeps on renewing those who are temporary in their positions. He added, it is time to set a timetable for these kinds of appointments, because a future appointee can invoke a historical story about these kind of appointments. It will be good for Mr. Ramos and for the City Council as well. Mr. Ramos affirmed.

The Presiding Officer told Mr. Ramos that he is not pressured to pass the exam, but just to take the exam.

City Councilor Edwin Piano queried if the said equipment is insured, or if the city got insurance for it, just in case it sinks in the ocean or gets burned or damaged. Mr. Ramos said that according to his contact person, it is insured; however, he is not sure about this information. He said he will give a feedback the following day.

Draft Resolution No. 2009 R-108, entitled “Resolution Confirming The Renewal Of The Temporary Appointment Of Mr. Dante P. Ramos As City Government Department Head II (ESMO) SG – 26,” was approved by a majority vote from the body, on motion of City Councilor Edwin J. Piano.

Eight voted in favor and two opposed.

City Councilor Lipumano-Garcia explained her vote. She said that she opposed not because she does not like Mr. Dante Ramos, but to put standard/qualifications on positions, and that hopefully, as a government official, he should be honest.

5. City Councilor Gina G. Perez moved to defer Draft Resolution R-114, entitled: “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Secure A Department Of Environment And Natural Resources (DENR) Bathing Permit For Mayanga Island And Other Islands Surrounding Or Within The Jurisdiction Of Olongapo City,” pending further study, since the proponent just received the documents from the City Planning and Development Office. The motion was unanimously approved by the members of the body.

6. After the passage of Resolution No. 104, Series of 2009, for the contract of affiliation between the city government and Lyceum Subic Bay, City Councilor Gie Baloy moved for the approval of the ratification of the Contract of Affiliation (COA) entered by and between the city government and Lyceum Subic Bay, represented by its President and CEO, Alfonso E. Borda, for the training of its nursing students at the James L. Gordon Memorial Hospital.

Draft Resolution No. 2009 R-118, entitled: “A Resolution Ratifying The Contract Of Affiliation (COA) Entered By And Between The City Government Of Olongapo And Lyceum Subic Bay Represented By Its President And CEO, Alfonso E. Borda, For The Training Of Its Nursing Students At The James L. Gordon Memorial Hospital,” was unanimously approved by the body, in its second and final reading, on joint motion of City Councilors Angelito W. Baloy and Jonathan G. Manalo.

7. City Councilor Angelito W. Baloy moved for the amendment of the title of Draft Resolution No. 2009 R-119, to “A Resolution Ratifying The Memorandum Of Agreement (MOA) Entered By And Between The Olongapo City Health Office Represented By The Honorable City Mayor James Gordon, Jr. And Lyceum Subic Bay Represented By Its President And CEO, Alfonso E. Borda, For The Training Of Its Nursing Students In Fulfillment Of Their Course Requirements,” which was unanimously approved by the body.

Since there were no further questions/objections, the same was unanimously approved on its second and final reading.

8. City Councilor Edwin J. Piano moved to defer Draft Resolution No. 2009 R-121, entitled: “A Resolution Naming The Park In Front Of Gordon College And Olongapo City Public Library To Fil-Am Park.” The said motion was approved by the body unanimously.

9. City Councilor Gina G. Perez moved for the deferment of Draft Ordinance No. 2009 O-33, entitled: “An Ordinance Establishing Clinics In Public Elementary And Secondary Schools in Olongapo City,” pending more consultations, which was unanimously approved by the body.

10. Draft Ordinance No. 2009 O-34, entitled: “An Ordinance Declaring December 7, 2009 As A Special Holiday In Olongapo City In Celebration Of The City’s 50th Turn-Over Anniversary From American Government And 26th Years Anniversary As Highly Urbanized City,” was deferred by the members of the body unanimously, on motion of City Councilor Edwin J. Piano.

11. Pending the required public hearing, Draft Ordinance No. 2009 O-35, entitled: “An Ordinance Disallowing The Posting Of Billboards Along Fenced Area Of Anonas Bridge, West Bajac-Bajac,” was deferred unanimously by the members of the body, on motion of City Councilor Edwin J. Piano.

Other Matters

A. City Councilor Cortez moved for the urgency of Draft Resolution No. 2009 R-125, entitled: “A Resolution Superseding Resolution No. 114, Series of 2009, To Secure The Best Possible Terms And Optimum Benefits From The Long-Term Lease Of The City Mall,” and moved for its approval.

Explaining the purpose of superseding the said resolution, the proponent said that first, to set right the intention of the terms of reference, regarding the assumption of the new tenant of the city’s obligation with the creditor bank. Second, revenue share must take effect immediately upon assumption of the operation City Mall. Third, in light of the recent development in SBMA and Ayala for the construction of the three billion shopping-facilities at the FSC grounds.

In his observation, City Councilor Delos Reyes cannot recall Resolution 114. His presumption is that the resolution refers to authorizing the City Mayor to secure for the city the best terms.

City Councilor Cortez requested for a recess.

The Presiding Officer declared a recess.

RECESS: 5:50 P.M.

RESUMPTION: 6:00 P.M.

After a brief recess, City Councilor Aquilino Y. Cortez, Jr. moved for a change in the title of the proposed measure, to read “A Resolution Repealing Resolution No. 114, Series of 2009, To Secure The Best Possible Terms For, And Optimum Benefits From The Long-Term Lease Of The City Mall.”

The motion to approve the said resolution was unanimously approved by the body, in its second and final reading, on motion of City Councilor Aquilino Y. Cortez, Jr.

B. City Councilor Cortez moved for the urgency of Draft Resolution No. 2009 R-126, entitled: “A Resolution Re-Affirming Olongapo City’s Historic Right Over Driftwood Beach.”

The proponent manifested for a complete change of the title of the proposed measure, to read as “A Resolution Re-Affirming Olongapo City’s Historic And Legal Rights Over Driftwood Beach Requesting Hon. DENR Secretary Joselito Atienza To Act Over Driftwood Beach Case Fairly And Expeditiously And Supporting The Government Initiatives to Ensure That It Will Be Utilized For The Best Interest And Optimum Benefit Of The Entire Community.”

In response to City Councilor JC’s question asked earlier regarding as to what is the purpose of the claim for the historic right, City Councilor Cortez stated that in 1988, then Mayor Richard Gordon applied for a miscellaneous application with the DENR claiming the Driftwood Beach, then known as Maquinaya Beach, because there was a proposal before to install a tourist rest area to be funded by the Philippine Tourism Authority and at the same time as explained before, they are just re-affirming, writing or citing a resolution to the DENR that we have applied since 1988 but up to now the DENR hasn’t replied to or given notice to the application for the MSA.

City Councilor JC Delos Reyes made a follow-up question on the historic right.

City Councilor Cortez said that the application, however, was not acted upon by the DENR. This resolution is just re-affirming the previous claim in Driftwood Beach, and asserted that it has nothing to do whatsoever with the on-going controversy surrounding the property. With the claim for the historic right, the proponent said it is a common knowledge that Maquinaya Beach is part of the City Charter, which was approved on June 1, 1966, by virtue of R.A. 4645. That makes it the basis for the historic right of the City. He further added that all the City wanted is for the DENR to issue an MSA, considering that the PNP has its own interest to claim the area and make it part of Camp Cabal. He made it also clear to City Councilor Aquino that what is being applied for is the Driftwood Beach, without detriment to the surrounding areas.

The Presiding Officer declared a recess.

RECESS: 6:50 P.M.

RESUMPTION: 7:00 P.M.

After a brief recess, the proponent suggested to re-do the title before signing the measure, as everybody is amenable.

Eight voted in favor, while City Councilors Lipumano-Garcia and Gie Baloy opposed. City Councilor Gie Baloy explained his vote. He said that he would inhibit since his father is the elected Barangay Captain of Barangay Barretto, and the barangay government has an on-going cases regarding the matter.

The amended title is now: “A Resolution Requesting The Honorable DENR Secretary, Joselito Atienza, To Act On The Driftwood Beach Case Fairly And Expeditiously, And Supporting The City Government’s Initiatives To Ensure That It Would Be Utilized For The Bets Interest And Optimum Benefit Of The Entire Community And Re-Affirming Olongapo City’s Historic And Legal Right Over Driftwood Beach.”

C. City Councilor Aquilino Y. Cortez, Jr. moved for the urgency for the approval of Draft Ordinance No. 2009 O-37, entitled: “An Ordinance Temporarily Closing Portion Of The Ramon Magsaysay (RM) Drive (From The Corner Of Gordon Avenue To Fountain Of Unity Rotunda) To Traffic From 10:00 A.M. Of October 29, 2009 Until 11:59 P.M. Of October 31, 2009, As Venue For The October Mardi Gras, The Ulo Ng Apo Festival 2009.”

With the request coming from the Olongapo Chamber of Commerce, and endorsement from the City Mayor, including a copy of the plan for traffic re-routing, the proposed ordinance was unanimously approved by the body, in its second and final reading.

Adjournment

There being no further matters to be discussed, the session was adjourned at 7:10 in the evening, on motion of City Councilor Anselmo A. Aquino.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

Vice-Mayor & Presiding Officer