eLegis Sangguniang Panlungsod ng Olongapo

19 August 2009

Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 19, 2009 AT THE CITY HALL


Present:

Hon. Cynthia G. Cajudo - - - - - - - - - - -City Vice-Mayor & Presiding Officer
Hon. Gina G. Perez - - - - - - - - - - - - - -City Councilor
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - " "
Hon. 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 - - - - - - - - - - - " "
Hon. Cheenee F. Hoya - - - - - - - - - - - - SK Federation President

Absent:

Hon. John Carlos G. Delos Reyes - - - - -City Councilor
Hon. Carlito A. Baloy - - - - - - - - - - - - President, Liga ng mga Barangay

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:40 in the afternoon.


Roll Call

With ten (10) City Councilors and the Presiding Officer present, a quorum was declared. Hon. Carlito A. Baloy, on the other hand, the Council Secretary acknowledged the receipt of an advisory from the Department of the Interior and Local Government Region III, regarding the reschedule of consultation conference on mobilizing local actions to address climate change.


Reading and Adoption of Minutes

On motion of Councilor Gina G. Perez, the minutes of the regular session dated July 22, 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 Ordinance No. 2009 O-26 – An Ordinance Repealing Ordinance Nos. 7, 10, 12, 15 & 20, Series Of 2009 And Approving And Appropriating The Amount Of Ninety One Million Three Hundred Seventy Four Thousand Seven Hundred Fifteen Pesos And Thirty Nine Centavos (Php 91,374,715.39) As Supplemental Budget For Calendar Year 2009. Sponsored By Councilor Jonathan G. Manalo (Referred to the Committee on Appropriations)

2. Draft Resolution No. 2009 R-087 – A Resolution Ratifying The Memorandum Of Understanding (MOU) Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With TCM International Manpower Services Represented By Miss Cristina Roque For The Guam Build-Up Project. Sponsored By Councilor Edwin J. Piano (Referred to the Committee as a Whole)

3. Draft Resolution No. 2009 R-088 – A Resolution Ratifying The Memorandum Of Understanding (MOU) Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With LCR Manpower Corporation, Inc., Represented By Miss Ma. Lourdes Capua For The Guam Build-Up Project. Sponsored By Councilor Edwin J. Piano (Referred to the Committee as a Whole)

4. Draft Resolution No. 2009 R-089 – A Resolution Ratifying The Memorandum Of Understanding (MOU) Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With Bellestar Promotion Inc., Represented By Miss Bella E. Dimayuga For The Guam Build-Up Project. Sponsored By Councilor Edwin J. Piano (Referred to the Committee as a Whole)

5. Draft Resolution No. 2009 R-090 – A Resolution Ratifying The Memorandum Of Understanding (MOU) Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With Goldmarc International Career Corp., Represented By Mr. Manuel Arce For The Guam Build-Up Project. Sponsored By Councilor Edwin J. Piano (Referred to the Committee as a Whole)

6. Draft Resolution No. 2009 R-091 – A Resolution Ratifying The Memorandum Of Understanding (MOU) Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With Philippine Association Of Service Exporters Inc., Represented By Mr. Victor E.R. Fernandez, Jr. For The Guam Build-Up Project. Sponsored By Councilor Edwin J. Piano (Referred to the Committee as a Whole)

7. Draft Resolution No. 2009 R-092 – A Resolution Enjoining All Telecom Service Providers In Olongapo City, Subic Bay Freeport And Zambales To Immediately Implement The National Telecommunication Commission Memorandum Circular 09-08-2007 Otherwise Known As The Interconnection Of Local Exchange Carriers. Sponsored By Councilor Edwin J. Piano (Referred to the Committee on Telecommunications)

Second Reading:

1. Draft Resolution No. 2009 R-082 – A Resolution Designating Mr. Edward A. Artis As An “Ambassador Of Goodwill For Olongapo City”. Sponsored Unanimously

2. Draft Resolution No. 2009 R-083 – A Resolution Commending Barangay Sta. Rita Rescue Unit For Winning The Regional Kalasag Urban Categories. Sponsored Unanimously

Councilor Gina G. Perez requested the august body to include on first reading “A Resolution Adopting The Terms Of Reference To Enter Into A Long Term Lease Agreement Regarding The Olongapo City Mall By And Between The Olongapo City Government Represented By The Hon. City Mayor James Gordon, Jr. And The Winning Bidder”. Sponsored by the Majority Party. (Referred to the Committees on Markets and Mall and on Business)

Councilor Jonathan G. Manalo also manifested for the inclusion of Ordinance Numbers twenty – four (24) and twenty – six (26) in title of the first item under first reading In relation, the councilor also motioned for the addition of “A Resolution Authorizing The Hon. City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines The Principal Amount Of 81 Million Pesos For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment And Promissory Note And Other Documents Related Thereto,” sponsored by Councilors Jonathan G. Manalo, Edwin J. Piano, and Anselmo A. Aquino, and was referred to the Committees on Public Works and on Appropriations.

With no further observations/comments, the body approved and adopted unanimously the items on first and second reading, as amended.


Communications and Referrals of Business

Communications Read:


1. Letter from Atty. Maria Rosario S. Cesa, addressed to the Hon. City Mayor James Gordon, Jr., regarding the 2nd Preventive Suspension Order against Mr. Carlito A. Baloy. (For information)

2. Memorandum from Ferdie M. Magrata, City Administrator, Olongapo City, addressed to All Department Heads & Chief of Offices, City of Olongapo, regarding the “Share-A-Spare” Program for the Flood Victims in Botolan, Zambales. Department Heads shall designate Program Coordinator for their respective offices and all items collected shall be turned - over to the City Social Welfare Development Office (CSWDO), through Ms. Gene Eclarino, for custody and delivery to the beneficiaries. (For information)

3. Letter from Emilie Fe M. delos Santos, City Prosecutor, Department Of Justice, National Prosecution Service, City Prosecution Office, Olongapo City, addressed to the City Mayor James Gordon, Jr. thru the City Council, Olongapo City, requesting for the supplemental budget for Calendar Year 2009 of their Office under Maintenance and Other Operating Expenses of the following items, to wit: (Referred to the Committee on Appropriations)

Office Supplies - - - - - - - - - - - - - - - - PhP70,000.00
Gasoline, Oil & Lubricants - - - - - - - - 30,000.00
Other Supplies -- - - - - - - - - - - - - - - - 50,000.00
Repair & Maintenance of Office Equipments 100,000.00
Telephone Expenses (Landline) - - - - - - - - 30,000.00
Repair & Maintenance of Office Vehicles - - 30,000.00
Subsidy to National Government Agency - - 28,000.00
_____________

T O T A L PhP308,000.00

4. Letter from Councilor John Carlos G. delos Reyes addressed to the Hon. James Gordon, Jr, City Mayor, Olongapo City attention: Engr. Marivic Nierras, OIC-City Planning Office, in reference to the recently approved Resolutions No. R-064 and R-065, Series of 2009, “A Resolution Approving The Application Of Digitel Telecommunications, Inc. (Sun Cellular) For The Installation And Operation Of Cellsite/GSM Antenna At Barangay New Asinan and at Barangay East Tapinac, Olongapo City, respectively”. He is requesting for the complete list of installed cell sites here in Olongapo City in aid of legislation, because his office received complaints on the health risks these cell sites may pose. (Referred to the Committee on Telecommunications)

5. Memorandum from Honorio Gomez, OIC, JLGAMM Administrator for the Hon. City Mayor James Gordon, Jr., regarding the Income Report For The Month Of July 2009. There was a decrease of PhP139,236.78 as compared to last year. (Referred to the Committee on Ways and Means)

6. Letter from the Hon. City Mayor James Gordon, Jr. addressed to the Hon. City Vice Mayor Cynthia G. Cajudo and Members, requesting the Sangguniang Panlungsod to consider an ordinance approving and appropriating the amount of Ninety One Million Three Hundred Seventy Four Thousand Seven Hundred Fifteen Pesos And 39/100 (PhP91,374,715.39) as Supplemental Budget for Calendar Year 2009 to cover additional budgetary requirements for the operation of the city. (Referred to the Committee on Appropriations)

7. Letter from Hon. Mac Arnold D. Concepcion, SK Chairman, New Cabalan, Olongapo City, addressed to Perla C. Jacinto, Barangay Treasurer, New Cabalan, Olongapo City. This is in relation with his demand letter ordering and threatening him to return back items used during the 1st SK Christmas Inter-Purok Basketball League 2008 which was purchased under SK Resolution No. 23 (Series of 2008) and informing her that the said request letter was sent to him in the time he had no acting capacity as SK Chairman due to his suspension. (Referred to the Sangguniang Kabataan Federation Chairman)

8. Letter from Hon. Mac Arnold D. Concepcion, SK Chairman, New Cabalan, Olongapo City, addressed to Mr. Eliseo P. de Guzman, City Director, DILG, Olongapo City, with regards to the response letter dated August 10, 2009 in relation with his letter to his office seeking clarification on the issue of his unpaid salary. (Referred to the Sangguniang Kabataan Federation Chairman)

9. Memorandum from Perla C. Jacinto, Barangay Treasurer, Brgy. New Cabalan, Olongapo City, addressed to Hon. Mac Arnold Concepcion, SK Chairman, New Cabalan, Olongapo City, regarding the Response Letter Dated August 13, 2009. (Referred to the Sangguniang Kabataan Federation Chairman)

10. Letter from Lloyd D. Nicdao, Committee Chairman, 1st SK Christmas Inter-Purok Basketball League 2008, wherein they sent a letter to Mac Arnold Concepcion asking him to return sports materials that were purchased by the SK under Resolution No. 23 (Series of 2008). The letter asked him to return 3 (three) pieces of Basketball balls, 8 (eight) pieces of Basketball nets and trophies that were also purchased under the same SK Resolution. (Referred to the Sangguniang Kabataan Federation Chairman)

11. Letter from the students of the Information and Communication Technology Department, Olongapo City National High School addressed to the Hon. City Vice Mayor Cynthia G. Cajudo requesting her permission to secure copies of the resolutions and ordinances pertinent to their research on the History of Public Utility Jeepneys here in our city. (Attended by the aide of Councilor Cortez Mr. Gonzales. For notation)

12. Letter from Jefferson M. Sadera, Assistant Professor, Columban College, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo asking her to allow the following Political Science students of Columban College to observe at least four (4) sessions of the proceedings of the Olongapo City Council:

Castañeda, Vhoenie John
Manglicmot, Eirene Jaye
Pascua, Angelyn
Elamparo, Rupert
Vanta, Roselyn

The Presiding Officer acknowledged the presence of Mr. Jordan Dizon, from the College of Arts and Sciences, Columban College.

13. Memorandum from Damian P. delos Santos, Jr., OIC, Olongapo City Public Market for the Hon. City Mayor James Gordon, Jr., regarding the Comparative Monthly Statement of Income for the month of July (Year 2008 & 2009). There was an increase of PhP22,191.84 as compared to last year. (Referred to the Committees on Markets and Mall and on Ways and Means)

14. Memorandum from Councilor Gina Gulanes Perez, Philippine Councilors League, Olongapo City Chapter for the Hon. City Mayor James Gordon, Jr., regarding the Attendance to the 3rd Quarterly NEO-NB & Series of 2009 CLLEP Meeting which will be held on September 24-26, 2009 at the Negros Oriental Convention Center, Dumaguete City, Negros Oriental whose names are stated hereunder: (For notation)

Gina Gulanes Perez
Elena Dabu
Edwin Piano
Anselmo Aquino
Jonathan Manalo
Aquilino Cortez
Rodel Cerezo


15. Invitation from Hon. Ma. Cecilia V. Mayo, President & Councilor of Valenzuela City, Women Involved In Nation Building, addressed to all Members of the Sangguniang Panlungsod announcing that WIN will hold its 16th Annual Congress on September 28 – 30, 2009 at the Heritage Hotel, Pasay City. (Referred to the Committee on Women)

16. Memorandum from Engr. Marivic J. Nierras, OIC, CPDO, to all Department Heads and Chief of Offices regarding Calendar of Activities for the 4th Quarter. (For information of everyone)


Committee Reports

None

Calendar of Business

1. Draft Resolution No. 2009 R-082 – A Resolution Designating Mr. Edward A. Artis As An “Ambassador Of Goodwill For Olongapo City”. Sponsored Unanimously.

Councilor Edwin J. Piano recalled that during the last session, he brought – up the matter, based on his research in the Internet as to the question as to the character of Mr. Artis. As the proponent, he himself made an equally thorough research on the person of Mr. Artis, and enumerated the many accomplishments of the subject. To quote the proponent, Mr. Artis was a recipient of a plaque of recognition by the Police Regional Office – III, led by Police Chief Ismael Rafanan, for his untiring support on the programs and projects of the PNP on the protection and welfare that benefited the Committees of Region III. He also mentioned the many reports on various news articles from established news organizations – citing Mr. Artis as instrumental for the provision of more wheelchairs to Olongapo City for persons with disability, including imported high – end wheelchairs worth PhP 40,000.00 each. Being the Chairman of Knight Bridge International, Sir Edward Artis has visited the city and was presented a resolution by the City Officials, as ‘SON OF OLONGAPO CITY’. In addition to his philanthropic works, the City of Olongapo received numerous medical and dental equipments and medicines as well, and provided free medical treatment, including free transportation, for major cases on children that needs to be treated overseas. According to Councilor Piano, the CBS television news program in the U.S. featured Mr. Artis as a Modern Day Knight. His travel around the world to help people in need is a part of the humanitarian acts of the Knight Bridge Organization, which he co – founded. Another independent, international newspaper, the PBS, reported that Mr. Artis was instrumental in bringing in the Philippines 25 and 40 – foot containers of medical and educational materials, and another 120 – footer container of little league baseball sports equipment in a bid to re- establish the little league baseball in the Philippines. Another news article reported Knight Bridge International Wheelchair Foundation donated four hundred (400) wheelchairs to Filipinos with disabilities, which was witnessed by former President Ramos, Senator Gordon, and AFP Chief Hermogenes Esperon.

With the many good things written in the articles mentioned about Mr. Artis, against the findings of Councilor Jong Cortez, referring to Mr. Artis as a “Doctor of Deception,” Councilor Piano preferred not to consider it in their decision, especially that the news article was based from an unknown source. While what he enumerated came from a respectable news article from here and abroad. According to him, the conferment as “Ambassador of Goodwill” is intended for the impending transfer of U.S. Military Base from Okinawa to Guam. The proponent considered Mr. Artis as capable of acquiring these donations for the city, judging from the fact that he also facilitated the six (6) million peso donation by the Swiss government through the Swiss Firemen Association to the City of Olongapo.

Councilor Jong Cortez clarified that it was Councilor JC who asked who Mr. Artis is during the last session, saying he was only compelled to look into the Internet to find – out any information about the subject.

Councilor Lipumano – Garcia requested the proponent to make it a majority sponsorship and not unanimous.

Councilor Perez was agreeable to all the philanthropic acts enumerated by Councilor Piano and suggested that all negative views must have been erased in the minds, with all the many good deeds that covered it. As to the concern of Councilor JC, regarding the manner of conferring the title of “Ambassador of Goodwill”, she already has a draft prepared for comment of everybody before she will introduce in the council. This will serve as guideline on the process of conferring the title.

Councilor Aquino inquired about the nationality of Mr. Artis, whether he is an American or Filipino, and the propriety of designating him as “Ambassador of Goodwill” if he is not Filipino.

Councilor Piano clarified that Mr. Artis is an American who preferred to retire in the Philippines. He only goes abroad if there are important arrangements to make with regards to donations.

With no further discussions, Draft Resolution designating Mr. Artis as “Ambassador of Goodwill’’ was approved unanimously, in its second and final reading.

2. Draft Resolution No. 2009 R-083 – “A Resolution Commending Barangay Sta. Rita Rescue Unit For Winning The Regional Kalasag Urban Categories.”
.
Before moving for the approval of the said measure, Councilor Piano introduced the amended title as a “Resolution Commending Barangay Sta. Rita Disaster Management Council for its Accomplishments in the NDCC Gawad Kalasag.”

Councilor Cerezo, being from Barangay Sta. Rita and member of NDCC, corrected the proponent by changing the word “management council” to “barangay disaster coordinating council.”

Eliminating the words “Sta. Rita Rescue Unit” and the word “ urban categories”, Councilor Piano pointed – out that many awards were already received, such as: Regional Gawad Kalasag Award for two (2) consecutive years; Second runner – up in the 6th Regional First – Aid and Basic Life Support Olympics, and second placer in the Best Barangay Disaster Coordinating Council. All will fall under the accomplishments in the National Disaster Coordinating Council Gawad Kalasag awards.

With all these amendments in the title, “A Resolution Commending Barangay Sta. Rita Disaster Coordinating Council For Its Accomplishments In The NDCC Gawad Kalasag,”, was approved unanimously in its second and final reading, on motion of Councilor Edwin J. Piano.

Other Matters

A. Councilor Perez moved for the urgency under first reading the Draft Resolution Adopting the Terms of Reference to Enter into a Long – Term Lease Agreement Regarding the Olongapo City Mall by and between the City Government, and the Winning Bidder.

Councilor Lipumano – Garcia asked for the reason for its urgency. The proponent reasoned out that this resolution should have been introduced by the Committee Chair on Business in the last session, but was absent that time. The urgency can be explained in the previous two (2) resolutions way back in April and June 24.

Councilor Gina Perez requested for a recess for the City Accountant to evaluate further the specific terms of reference, as this is recommended by the Finance Committee.

The Presiding Officer declared recess.

RECESS: 5:27 P.M.

RESUMPTION: 5:30 P.M.

After a brief recess, Mr. Dennis Martinez was recognized to discuss the merits of the resolution. At the same time, Councilor Perez presented the copy of the terms of reference.

Mr. Martinez explained that the terms of reference was prepared and anchored according to two (2) thrusts of the city. First, with the pending investment of three (3) big mall operators represented by Ayala Inc., SM, and Filinvest, and the attendance of the City Mayor to the Board of Directors of SBMA, it appears that in the feasibility study conducted, there is no market for two (2) malls. According to the three (3) mall operators, the City Mall is considered competitive enough, but there is a need to divest its operation. Since the mall was funded by DBP loans, it is important for the city to face its obligations, and be able to liquidate them from the financial standings of the city. The term of lease shall be for forty – eight (48) years, and with the 80% of the mall operators also known as “anchor stalls” such as Jollibee, Greenwich, and DIY to lead the mall. Once the entry of the big mall operators, it is expected that the income of the mall by the first year of operation of the new mall will decrease by 80%. He explained that the annual rates will be based on fixed amount, which will range from 5% to 10% of prevailing gross rental of the Olongapo City Mall.

The main thrust is that the city is willing to upfront or accept from the winning bidder a term that they should be able to upfront the loan for the first ten (10) years, which is the remaining years left to pay the debt amounting to PhP144 million. The amortization ranges from Php25 to Php27 million per year, which means that if the mall gains a profit of Php40 to Php45 million, less 80%, the gross income will be between PhP12 to PhP15 million, which is not enough for the yearly amortization of Php25 – Php29 million. To be leased is the total area of the mall, including the Calvary area to the one who will operate the mall. Included in the terms of reference, they will also require to put – up a secured deposit to make sure that the loans will be paid to the DBP and Land Bank, and at the end of the lease period all improvements done, including the original properties, will be reverted to the city.

Analyzing the content of the terms of reference, Councilor Perez believed that it is advantageous on the part of the city. It is just a matter of knowing the right bidder who can effectively operate the mall. It is hard for the city to subsidize private structure instead of using the funds to provide the basic services program, just like what China did in privatizing government properties.

Councilor Cortez wanted to ask from Mr. Martinez the financial status of the City Mall, and whether it can independently sustain the operation of the mall.

Mr. Martinez, in response, explained that it is self – sustaining as it is reflected on the approved 2009 budget. Its income is enough to cover all expenses, including amortization and principal payments, depending on the market condition. He stressed, however, that the entry of big mall operators in the SBMA is inevitable, especially now that they are preparing their own terms of reference. According to the plan, it will be located at the Park and Shop site, a stone throw away from the City Mall.

The Presiding Officer wanted to be clarified on item 7, regarding the option to pre – terminate the lease anytime, and the notice of pre – termination at 360 days prior to intended date. Item 8 says about the security deposit, in case of pre – termination.

Mr. Martinez answered that it will be used in paying the bank, because it is stated in the term that performance vary. Aside from the terms of reference, there will be a contract. The terms of reference that was prepared serves as the minimum requirement of the city for bidding purposes. Any bidder who can offer better terms more than the city term will be better and acceptable.

Expressing his observation on the topic, Councilor Gie Baloy said everything was put in detail and precise, that makes the city secured from any bidder. It is personally okay for him as Chairman of the Committee on Business and Enterprise.

Councilor Cortez cited that the example of Manuela Mall at EDSA Shaw, where it went bankrupt since SM Megamall started operating. Now, it is under new management, operating as Star Mall.

In response to Councilor Lipumano – Garcia’s question, Mr. Martinez explained that the winning bidder will still honor the lease of other tenants, but, the operation of the mall will be left to the mall operator. He also mentioned the many problems confronting the City Mall. The operation of the air – conditioning will cost around Php15 to Php20 million in investment for its improvement, while the escalator will cost Php5 to Php7 million. The tax holiday that will be granted to the mall operator will be five (5) years, while the tenants are subject to business taxes, such as business, mayor’s, sanitation, and building permits. Mr. Martinez further explained that they will be given option to offer the best manner of liquidating the loans, by integrating the loan in the lease payment, which is one way of liquidating the loan.

Councilor Lipumano – Garcia wanted to know from Mr. Martinez how much is the original loan, and how many more years to pay the loan obligation for the mall.

In response, Mr. Martinez informed everyone that the loan reached Php200 million. The mall was constructed in 2003, and was finished in 2004. Six years have already been paid for the loan obligation, including principal. There are no unpaid amortizations.

After a thorough discussion, the draft resolution was approved unanimously, in its second and final reading, on motion of Councilor Gina G. Perez.


B. Draft Ordinance No. 2009 O-26 – An Ordinance Repealing Ordinance Nos. 7, 10, 12, 15, 20, 24, And 26, Series Of 2009 And Approving And Appropriating The Amount Of Ninety One Million Three Hundred Seventy Four Thousand Seven Hundred Fifteen Pesos And Thirty Nine Centavos (Php 91,374,715.39) As Supplemental Budget For Calendar Year 2009.

Councilor Manalo moved for the urgency of the above – mentioned Draft Ordinance, explaining that this ordinance intends to consolidate all approved ordinances into one supplemental budget as required by the Department of Budget and Management. The City Treasurer has issued a certificate of availability of funds amounting to Php108,455,370. He also requested to acknowledge the presence of City Budget Officer Bebeth Marzan, who will elaborate on the matter.

Ms. Marzan explained that the DBM is undergoing some modifications on their procedures. According to her, they were advised to include in the appropriation the IRA differential expected from August to December. There is a need to adjust in the mandatory 5% IRA, and 20% development fund. All are being consolidated instead on a “piece meal” basis. This will reflect the total budget. It is a transition phase of the implementation of procedures in the DBM. She stressed, however, that there won’t be any effect on the ordinances that were passed because we were able to show the actual appropriation, and we’ve been able to follow the mandatory requirement.

Councilor Lipumano – Garcia expressed her dismay for not being able to obtain the copies of the annual budget she has been requesting. Despite the fact that she is willing to provide the materials to be used for its reproduction, all she has is a copy of the CD.

Ms. Marzan assured the councilor that they are willing to assist in the binding of the copy of the annual budget, it will be up to the vice – mayor for its release.

The Presiding Officer wanted to be sure that after the DBM approval, the annual budget will remain as it is, then she can release it.

After a thorough discussion, Draft Ordinance 2009 O–26 was approved by a majority vote, on motion of Councilor Jonathan G. Manalo. Nine (9) were in favor and one (1) opposed.

C. Draft Resolution Authorizing The Hon. City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines The Principal Amount Of 81 Million Pesos For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment And Promissory Note And Other Documents Related Thereto.

Councilor Manalo moved for its urgency. According to him, this resolution will supersede the previous resolution that was approved by DBP, amounting to Php90 million, which is the cost of the dredging machine. However, the amount that was approved by DBP that can be loaned by the city is Php81 million, the amount the city is capable of acquiring. The breakdown of the Php81 million is for one unit versi dredge with star wheel drive, which is the dredging machine costing Php67,500,000.00. One unit of sewer drainage vacuum cleaner and de - clogging machine costs Php13.5 million. This was described as the one that “sucks – up like vacuum” silted materials that clog the drainage system around the city streets. With a total of Php81 million, the remaining Php9 million will be funded by the city through an appropriation.

Councilor Lipumano – Garcia wanted to know more of the details about the kind of machine for this appropriation, or if this is of the same specifications as before.

Councilor Manalo answered that they are not yet appropriating, but merely authorizing. The complete details of the machine will be discussed if they reach the point of appropriating.

Councilor Perez tried to recall that way back in 2007…2006…, they were discussing the dredging machine. She suggested to check the minutes of the previous session.

Councilor Manalo clarified the matter by making clear that the Php67 million is entirely different, with only the inclusion of a de - clogging machine, but it’s the same ordinance.

Councilor Aquino further clarified that the cost of a dredging machine and de – clogging are separate. Php65 million were appropriated for the dredging machine, then Php90 million. There were some changes, however, until they appropriated Php67 million, to authorize the purchase by bidding. Php13,500,000.00 is the cost of the de – clogging machine for the drainage canals. The councilor also assured the Presiding Officer that he has the copy of the attachments.

Councilor Perez added that after they authorize the mayor, a bidding process will follow, and will be evaluated by the Finance Team and the Bids and Awards Committee, to determine the actual specifications of the machines to be needed. After which, an appropriation will be acted on. This resolution will supersede past resolutions.

Councilor Gie Baloy was also informed by the proponent that probably, the amount of Php67 million could be the ceiling price, and does not necessarily mean the actual value.

With no other further questions, the said resolution was approved by a majority vote, on its second and final reading, on motion of Councilor Jonathan G. Manalo. Nine (9) were in favor and one (1) opposed.

D. On the final note, Councilor Cerezo reminded his colleagues to refrain from making manifestations to their agenda and stick to what they have agreed to submit every Tuesday at 12 P.M., as provided in their House Rules. He added that if it is manifested, make sure that it will not be passed for urgency, unless very important. Appropriation ordinances need to be reviewed by the body. He recommended to include such in the agenda for the next session.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:10 in the evening, 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

Labels:

2009 R - 115 - AUTHORIZING THE HON. MAYOR GORDON TO REPRESENT THE CITY OF OLONGAPO AND ENTER INTO A CONTRACT OF LOAN WITH THE DBP IN THE PRINCIPAL

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 19, 2009 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - - City Councilor
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- - - - “ “
Hon. Cheenee F. Hoya- - - SK Federation President

ABSENT:

Hon. John Carlos G. Delos Reyes- - - City Councilor
Hon. Carlito A. Baloy - - President, Liga ng mga Barangay

RESOLUTION NO. 115
(Series of 2009)

A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR JAMES GORDON, JR. TO REPRESENT THE CITY OF OLONGAPO AND ENTER INTO A CONTRACT OF LOAN WITH THE DEVELOPMENT BANK OF THE PHILIPPINES (DBP) IN THE PRINCIPAL AMOUNT OF EIGHTY ONE MILLION PESOS (PHP81,000,000.00) FOR THE PURPOSE/S STATED HEREIN AND TO SIGN THE LOAN AGREEMENT, DEED OF ASSIGNMENT, THE PROMISSORY NOTE AND OTHER DOCUMENTS RELATED THERETO

WHEREAS, the City Council adopted Resolution No. 181, Series of 2008 approving the acquisition of Dredging Machine for the use of regular desilting and maintenance of all rivers in the City;

WHEREAS, the acquisition of such machinery forms part of the flood control program of the City and shall be partially appropriated in the yearly mitigating project of the Disaster Coordinating Council and that there is a urgent need in order to prevent or minimize floods and disasters in the City;

WHEREAS, the equipment specified as :

(1) One unit versi dredge with star wheel drive - PhP67,500,000.00
(2) One unit sewer drainage vacuum cleaner and declogging machine- PhP13,500,000.00
TOTAL - PhP81,000,000.00

shall require funding at the level of Eighty One Million Pesos (PhP81,000,000.00) which can be sourced through a loan;

NOW, THEREFORE, on motion of Councilor Jonathan G. Manalo co-sponsored by Councilors Edwin J. Piano and Anselmo A. Aquino with the majority decision of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to authorize, as it hereby authorizes the Honorable City Mayor James Gordon, Jr. to represent the City Of Olongapo and enter into a contract of loan with the Development Bank Of The Philippines (DBP) in the principal amount of Eighty One Million Pesos (PhP81,000,000.00) from the DBP in behalf of the City for the following purpose:

1. The continuing assignment of the City’s applicable portion of the Internal Revenue Allotment (IRA), Realty Taxes and other taxes and other revenues in favor of DBP;

2. The issuance of an authorization/instruction letter to the Department of Budget and Management (DBP) to remit all or a portion of the City share of the IRA directly to DBP for deposit to the City’s deposit account thereat;

3. The undertaking not to cause the transfer of the remittance of IRA or any portion thereof by the DBM from DBP to any other bank without the DBP’s prior written consent until the loan and other charges shall have been fully paid;

4. The designation of DBP as its principal depository bank and the opening and maintenance of a deposit account (The “Deposit Account”) with DBP where the City’s share in IRA or a portion thereof shall be deposited during the term of the loan and payment of its loan obligations shall be debited;

5. The assignment of the appropriate portion of the City’s other revenues with undertaking to remit the same to DBP in case of IRA, realty tax collections, project revenues are insufficient to service the loan amortization;

6. The undertaking of the City to include in its annual budget the required amortizations to service its loan obligation with DBP;

7. The undertaking of the City that it will not incur additional obligation/indebtedness without the prior written consent of DBP which consent will not be unreasonably withheld;

8. The undertaking of the City to mortgage equipment to be acquired;

9. To mortgage, as security for the loan, properties acceptable to DBP.

RESOLVED FINALLY, AS IT IS HEREBY FINALLY RESOLVED, that this Resolution once approved and executed shall be valid and effective until the Loan with DBP has been fully settled and paid.

APPROVED, August 19, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Absent)


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Opposed)

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor


CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay SK Federation President
(Absent)


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

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2009 R - 114 - ADOPTING THE TERMS OF REFERENCE TO ENTER A LONG TERM LEASE AGREEMENT REGARDING THE OLONGAPO CITY MALL

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 19, 2009 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - - City Councilor
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- - - - “ “
Hon. Cheenee F. Hoya- - - - SK Federation President


ABSENT:

Hon. John Carlos G. Delos Reyes- - City Councilor
Hon. Carlito A. Baloy - - - President, Liga ng mga Barangay

RESOLUTION NO. 114
(Series of 2009)

A RESOLUTION ADOPTING THE TERMS OF REFERENCE TO ENTER A LONG TERM LEASE AGREEMENT REGARDING THE OLONGAPO CITY MALL BY AND BETWEEN THE OLONGAPO GOVERNMENT REPRESENTED BY THE HONORABLE CITY MAYOR JAMES GORDON, JR. AND THE WINNING BIDDER

WHEREAS, with majority decision of the members of the Sangguniang Panlungsod, a Resolution No. 54 (Series of 2008) was approved on April 23, 2008, entitled: “A Resolution Authorizing Hon. City Mayor James Gordon, Jr. To Prepare The Terms Of Reference To Bid Out For Long Term Lease, The Olongapo City Mall;”

WHEREAS, to streamline the requisites for the bidding of the long term lease of Olongapo City Mall (OCM), members of the Sangguniang Panlungsod approved Resolution No. 79 Series of 2009 on June 24, 2009, entitled: “A Resolution Superseding Resolution No. 54, Series Of 2008 And Such Other Previous Resolutions Inconsistent Thereto, Primarily Authorizing The Honorable City Mayor James Gordon, Jr. To Negotiate, Enter Into And Sign A Long Term Lease Agreement With The Winning Bidder, And To Prepare The Terms Of Reference Regarding Such Bidding, Consistent With This Resolution, Regarding The Olongapo City Mall;”

WHEREAS, the adoption of terms of reference is deemed necessary in entering a long term lease agreement regarding the Olongapo City Mall by and between the Olongapo Government represented by the Honorable City Mayor James “Bong” Gordon, Jr. between the winning bidder;

NOW, THEREFORE, on motion of Councilor Gina G. Perez co-sponsored by Councilors Rodel S. Cerezo, Edwin J. Piano, Angelito W. Baloy, Aquilino Y. Cortez, Jr., Anselmo a. Aquino, Elena C. Dabu, Jonathan G. Manalo and Cheenee F. Hoya, with unanimous accord of Sangguniang Panlungsod, the following conditions in the Terms of Reference resolved to be satisfied:


TERMS OF REFERENCE

1. The term of the lease shall be forty-eight (48) years to commence December 1, 2009.

2. The Annual Lease Rate shall be based on a fixed annual lease amount which shall be assessed and approved by the City and contained in the agreement to be entered into with the winning bidder/lessee. In choosing the fixed annual lease amount, the City will be guided but not limited to an amount within the range of 5% - 10% of the prevailing gross rentals inclusive of the rental income of OCM for existing retail space at the time of bidding and the appropriate market-determined property value benchmarks, whichever provides the best long term value for the City. The following to be excluded in the determination of the Fixed Annual Lease Rate:

a. To encourage expansion and development by lessee, the City will not consider future income that the lessee may generate from additional structures or trade space erected by the lessee during the term of the lease contract.

b. Likewise, considering that the lessee will manage and operate the OCM for the duration of the lease at its exclusive cost and expense, CUSA charges, parking fees, exhibit fees and all other sources of mall revenues will not form part of gross rentals as mentioned in par. 2 above.

3. The lease and the agreed rental amount will cover and include the following area/s, rights and assets:

a. Areas:

 All existing property inclusive of but not limited to the mall structures, improvements, the parking area/s, the creek side improvements.

The above notwithstanding, it is understood that the winning bidder, as the lessee will not own any of the above assets. Further, all existing liabilities of OCM will be for the account of and paid by the City.

b. Rights:

 The lessee will have absolute control of the management and operation of the OCM subject to the provisions elsewhere in this document.

 The right to all rental income from all the OCM’s existing and future lessees/stall occupants within the entire 48-year lease.

 The entire amount corresponding to the security deposits of the existing tenants will be credited to the account of the lessee. Thus, the winning bidder will be exclusively responsible to and liable for the security deposits of all tenants.

c. Equipment:

The lessee will have full use of all equipment which are or may be found on the properties subject of the lease.

4. OCM has been a profitable venture for the City. To ensure continued earnings and stability, management of the mall must be awarded only to a reputable business entity or group with an established track record in retail operations and strong financial capacity. Pursuant to the latter, all bidders must meet the following minimum criteria:

 A publicly or privately held corporation or group of companies with common majority shareholders which has been directly engaged in the management of a retail and/or store leasing operations for a period of at least twenty (20) years;

 The bidder must have a minimum of Php 1.0 Billion annual sales revenues and an aggregate bank credit line facility of Php 1.0 Billion either through group shared lines or individual corporate lines;

 The bidder must be operating profitably based on the last five (5) years as per audited financial statements;

 The bidder must have no record of loan delinquency with creditors. For this purpose, “delinquency” is defined as any record of delayed or defaulted loan payments; and,

 The net worth of the bidder must be at least Php 150 Million as per its 2008 Audited Financial Statements.

5. All bid proposals for the lease of the above described property, rights and assets must contain all of the following:

a. A provision for funding the service and retirement of all existing obligations of the OCM with the Development Bank of the Philippines (DBP) and the Land Bank of the Philippines (LBP). These obligations, as per the original terms of credit with said banks, amount to One Hundred Fifty One Million Pesos (Php 151,000.000) amortized on varying dates over the next ten (10) years.

b. An unequivocal declaration by the bidder to comply with the payment schedule set by DBP and LBP and contained in the loan agreements with the City. If the amounts to service and retire the bank obligations of the OCM/City be in excess of the agreed final amount of the annual lease, said excess will be considered as advances on and applied as payment/s for future lease obligations.

6. As part of City’s effort to implement genuine and full privatization of business-related government assets and entice credible bidders, barring any legal restrictions, the winning bidder shall be given the option to “offer to purchase” the OCM property & Calvary Property at any time during the lease period. Lease payments made prior to the exercise of said option and actual purchase will form part of and be applied as payment of the agreed purchase price. Further:

a. All realty taxes for the subject property/ies including any additional structures, improvements and/or renovations shall be for the account of and paid by the City.

b. However, should the winning bidder/lessee opt to exercise the option given in par. 6 above, realty taxes will be for the account of and paid by the winning bidder/lessee starting the date that titles thereto is/are transferred to it by the City.

7. On the other hand, in the event a third party offers to purchase the OCM and/or Calvary properties, the lessee is given and has the “right of first refusal.” In the event the lessee opts not to exercise its right of first refusal, the City may sell the same to the third party. However, it is understood that the City will ensure in an appropriate agreement prior to the sale that the third party/buyer will respect and honor the 48-year lease between the winning bidder/lessee and the City.

8. The winning bidder will have the option to pre-terminate the lease at any time and for whatever reason provided that written notice of pre-termination must be given at least Three Hundred Sixty (360) days prior to intended date thereof. Pre-termination as per these guidelines will be subject to any penalties.

9. The winning bidder shall be required to put up a performance bond equivalent to an amount to be determined within the range of 5%-10% of the present value of the overall value of the lease contract for its 48-year term. The performance bond shall apply to the period the loans of the bank remain outstanding. Once all outstanding loans, as of the bid date, are fully paid, the winning bidder will no longer be compelled to put up a performance bond.

10. The winning bidder shall assume and exercise full management discretion and authority over the OCM for the entire term of the lease contract subject to par. 8 above. Accordingly, the winning bidder/lessee will have the exclusive control and management of OCM and the Calvary properties such as but not limited to the following:

 Autonomy in decision-making vis-à-vis management and/or operations.

 Review, evaluate, amend, change or modify all existing operational practices which the lessee may deem necessary including but not limited to the contracts with the tenants of the OCM.

 Exclusive right to all revenues and liability for all expenses of OCM and use of all OCM funds.

11. To ensure the success of the transfer of the management and operations of the OCM, the City shall respect the autonomy and financial authority of the winning bidder over the leased properties. Hence,

b. For the duration of the lease, the City will not mortgage or collateralize the property and buildings of the OCM for the purpose of securing debt of any kind the term of the lease contract.

c. To encourage winning bidder to invest in mall improvements, equipments and machinery to the existing structure of the OCM, the winning bidder/lessee will be allowed, enjoy and/or granted the following rights and/or privileges:

 It can build additional structures and facilities within the leased premises and/or enhance existing structures and facilities.

 It can remove said improvements, equipments and machinery upon pre-termination or conclusion of the lease without any penalties or fees. However, in this instance, the lessee will have to undertake all repairs of the mall facilities made necessary by the pull out of improvements or machineries.

 On the other hand, the City may request that said improvements, machinery and/or equipment be left behind. In this instance, the lessee will be compensated by the City for the depreciated value thereof base on a 10-year life.

 The winning bidder/lessee will be granted tax exemption and a tax holiday from locally mandated taxes for the first five (5) years of the lease contract.

 The existing jeepney terminal will be retained by the City at its current location for the entire term of the lease. In the event that there are serious concerns and need to relocate the said terminal, the lessee will be given the option to provide a space for the terminal within the OCM area.

12. In fairness to and consideration of the winning bidder, effective immediately, the City will desist from renewing any tenant contract and will only extend these existing contracts until December 31, 2009, at which time a winning bidder will have been determined.

RESOLVED, AS IT IS HEREBY RESOLVED, by Sangguniang Panlungsod in session assembled, to adopt, as it hereby adopts the terms of reference to enter a long term lease agreement regarding the Olongapo City Mall by and between the Olongapo City Government represented by the Honorable City Mayor James Gordon, Jr. and the winning bidder.

APPROVED UNANIMOUSLY, August 19, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Absent)


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor


CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay SK Federation President
(Absent)

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

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2009 R - 113 - COMMENDING BARANGAY STA. RITA DISASTER COORDINATING COUNCIL FOR ITS ACCOMPLISHMENTS IN THE NDCC GAWAD KALASAG

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 19, 2009 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - City Councilor
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- - - “ “
Hon. Cheenee F. Hoya- - - SK Federation President

ABSENT:

Hon. John Carlos G. Delos Reyes- - -City Councilor
Hon. Carlito A. Baloy - - President, Liga ng mga Barangay

RESOLUTION NO. 113
(Series of 2009)

A RESOLUTION COMMENDING BARANGAY STA. RITA DISASTER COORDINATING COUNCIL FOR ITS ACCOMPLISHMENTS IN THE NDCC GAWAD KALASAG

WHEREAS, Gawad KALASAG is National Disaster Coordinating Council’s (NDCC) current recognition scheme in its search for excellence on Disaster Risk Management and humanitarian assistance;

WHEREAS, it aims to protect or shield high risk communities against hazards by encouraging participation of various stakeholders in designing and implementing Disaster Risk Management Programs;

WHEREAS, Barangay Sta. Rita Disaster Coordinating Council participated in the annual search for the best Barangay Disaster Coordinating Council, winning the Regional Gawad Kalasag Award for two consecutive years, 2nd runner-up in the 6th Regional First Aid and Basic Life Support Olympics and second placer in the Country’s Best Barangay Disaster Coordinating Council;

WHEREAS, Barangay Sta. Rita played an important role in the City’s becoming a Hall of Fame Gawad Kalasag awardee;

WHEREAS, the City Government recognizes the efforts in disaster readiness of Barangay Sta. Rita and commends its officials and staff for a job well done;

NOW, THEREFORE, on motion of Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to commend, as it hereby commends, Barangay Sta. Rita Disaster Coordinating Council for its accomplishments in the NDCC Gawad Kalasag.

RESOLVED FURTHER, AS IT HEREBY FURTHER RESOLVED, that copy of this resolution be furnished to Barangay Sta.Rita for their information and record.

APPROVED UNANIMOUSLY, August 19, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Absent)


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor


CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay SK Federation President
(Absent)

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

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2009 R - 112 - DESIGNATING MR. EDWARD A. ARTIS AS AN AMBASSADOR OF GOODWILL FOR OLONGAPO CITY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 19, 2009 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - City Councilor
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- - - - “ “
Hon. Cheenee F. Hoya- - - SK Federation President

ABSENT:

Hon. John Carlos G. Delos Reyes- - - - City Councilor
Hon. Carlito A. Baloy - - - - President, Liga ng mga Barangay

RESOLUTION NO. 112
(Series of 2009)

A RESOLUTION DESIGNATING MR. EDWARD A. ARTIS AS AN AMBASSADOR OF GOODWILL FOR OLONGAPO CITY

WHEREAS, Mr. Edward Artis, as Chairman and co-founder of Knightsbridge International, Incorporated, an international organization engaged in world-wide operations, assists persons, communities and national and local government units, in improving the delivery of basic social services;

WHEREAS, Mr. Artis has been instrumental in facilitating transactions that benefited the City of Olongapo which include the procurement of social service equipment such as hospital beds and wheelchairs and other analogous social amelioration projects including the donation from Switzerland which he helped facilitate its delivery;

WHEREAS, in recognition of his commitment to the noble causes pursued by the City’s leadership for the welfare of the people of Olongapo, Mr. Artis was conferred the status of “Son of Olongapo City,” pursuant to the City Council Resolution No. 40, Series of 2005;

WHEREAS, the impending transfer of US Military Base from Okinawa to Guam is another opportunity for the City to avail of donations to be accepted by the city from the US and Japan Governments;

WHEREAS, Mr. Edward Artis in a respected individual with expertise in rules, regulations and procedures in shipment of such donations;

NOW, THEREFORE, on motion of Councilor Edwin J. Piano, co-sponsored by Councilors Gina G. Perez, Rodel S. Cerezo, Angelito W. Baloy, Aquilino Y. Cortez, Jr., Anselmo A. Aquino, Elena C. Dabu, Jonathan G. Manalo and Cheenee F. Hoya, with the unanimous accord of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to designate as it hereby designates Mr. Edward A. Artis as an “Ambassador of Goodwill” for Olongapo City.

APPROVED UNANIMOUSLY, August 19, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Absent)


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor


CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay SK Federation President
(Absent)

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

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2009 O - 27 - REPEALING ORD. NOS. 7, 10, 12, 15, 20, 24 AND 26, ALL SERIES OF 2009 AND APPROVING AND APPROPRIATING THE AMOUNT OF PHP91,374,715.39

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 19, 2009 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - -City Councilor
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- - - “ “
Hon. Cheenee F. Hoya- - -- SK Federation President

ABSENT:

Hon. John Carlos G. Delos Reyes- - City Councilor
Hon. Carlito A. Baloy- - - President, Liga ng mga Barangay

In the interest of public service and on motion of Councilor Jonathan G. Manalo, with the majority decision of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:

ORDINANCE NO. 27
(Series of 2009)

AN ORDINANCE REPEALING ORDINANCE NOS. 7, 10, 12, 15, 20, 24 AND 26, ALL SERIES OF 2009 AND APPROVING AND APPROPRIATING THE AMOUNT OF NINETY ONE MILLION THREE HUNDRED SEVENTY FOUR THOUSAND SEVEN HUNDRED FIFTEEN PESOS and 39/100 (PHP91,374,715.39) AS SUPPLEMENTAL BUDGET FOR CALENDAR YEAR 2009

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED THAT:

SECTION 1. The Supplemental Budget of the City of Olongapo for Calendar Year 2009 in the amount of Ninety One Million Three Hundred Seventy Four Thousand Seven Hundred Fifteen Pesos And 39/100 (PhP91,374,715.39) is hereby approved.

The budget documents consisting of the following are incorporated herein and made integral parts of this Ordinance:

1. LBP Form No. 9 – Statement of Funding Sources (SB No. 2)
2. LBP Form No. 10 – Statement of Supplemental Appropriation

SECTION 2. Sources of Funds. The sources of funds for the Supplemental Budget in the total amount of One Hundred Eight Million Four Hundred Fifty Five Thousand Three Hundred Seventy Pesos (PhP108,455,370.00) shall be as follows:


SECTION 3. Use of Funds. The amount of Ninety One Million Three Hundred Seventy Four Thousand Seven Hundred Fifteen PesosAnd 39/100 (PhP91,374,715.39) is hereby appropriated for the Supplemental Budget of the City of Olongapo, as follows:

Summary of Appropriations (see attached LBP Form No. 10 –

Statement of Supplemental Appropriation for details)


SECTION 4. Separability Clause. If, for any reason, any section or provision of this Ordinance is declared invalid or unconstitutional, other sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.

SECTION 5. Repealing Clause. This Ordinance repeals Ordinance Nos. 7, 10, 12, 15, 20, 24 and 26, all Series of 2009 upon the effectivity of this Ordinance.

SECTION 6. Effectivity. The appropriation for the Representation and Transportation Expense shall take effect retroactive in April 2009 while all other appropriation shall take effect upon its approval.

APPROVED, August 19, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Absent)


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Opposed)

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor

CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay SK Federation President
(Absent)

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.

JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

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