Republic of the Philippines SANGGUNIANG PANLUNGSOD City of Zamboanga REPORT OF THE PUBLIC HEARING OF THE COMMITTEE ON ORDINANCES AND RESOLUTIONS JOINTLY WITH THE COMMITTEES ON MARKETS AND SLAUGHTERHOUSE, TOURISM, ARTS, CULTURE AND FOREIGN RELATIONS, TRADE, INVESTMENT AND INDUSTRY, AWARDS, HEALTH AND SANITATION, APPROPRIATIONS, AND POLLUTION AND WASTE MANAGEMENT OF THE SANGGUNIANG PANLUNGSOD HELD ON SEPTEMBER 21, 2022, AT ITS SESSION HALL, THIS CITY. PRESEN’ Hon. Hon. Hon. Hon. Hon. . Lilibeth M. Nufio EI King K. Omaga Rogelio L. Valesco, Jr. Frederick N. Atilano . Joselito A. Macrohon Jimmy B. VIllaflores . Al-Jihan R. Edding Chairperson, Committee on Ordinances and Resolutions (COR) Chairperson, Committee on Health and Sanitation (CHS) Vice Chairperson, Committee on Awards (CoAwards) Member, Committee on Appropriations (CoAppro.) Member, Committee on Ordinances and Resolutions Member, Committee on Market and Slaughterhouse (CMS) Member, Committee on Tourism, Arts, Culture and Foreign Relations (CTACFR) Vice Chairperson, Committee on Ordinances and Resolutions Vice Chairperson, Committee on ‘Appropriations Member, Committee on Tourism, Arts, Culture and Foreign Relations Chairperson, Committee on Pollution and Waste Management Member, Committee on Market and Slaughterhouse Chairperson, Committee on Awards Chairperson, Committee on Appropriations Member, Committee on Trade, Investment and Industry (CTI) Member, Committee on Awards Member, Committee on Health and Sanitation Member, Committee on Market and Slaughterhouse (CMS)PRESENT VIA ZOOM: Hon. Vincent Paul A. Elago - Hon. Joel H. Esteban - Hon, Cary John 0. Pioc - Hon. Eduardo T. Saavedra, Jr.- Hon. Jerry E. Perez GUESTS PRESENT: Atty. Edward Fronda Ret.Gen. Mario B. Yanga - Dr. Mario Ariola Geraldine M. Dela Paz - Benjie Barredo Cesar Raz Ma. Luz V. Agbayani . Jeboni Lucilita G. Dizon - Marinyd Tingcang . Jerry Pollisco 7 Jacquiline J. Lim : Danilo Uy . Vice Chairperson, Committee on Tourism, Arts, Culture and Foreign Relations Vice Chairperson, Committee on Trade, Investment and Industry Member, Committee on Appropriations Vice Chairperson, Committee on Market and Slaughterhouse Member, Committee on Health and Sanitation Vice Chairperson, Committee on Health and Sanitation Member, Committee on Ordinances and Resolutions Member, Committee on Tourism, Arts, Culture and Foreign Relations Member, Committee on Pollution and Waste Management Member, Committee on Awards Member, Committee on Pollution and Waste Management SP Member Attorney IV, City Legal Office - via Zoom City Administrator Department Head, Office of the City Veterinarian City Budget Officer City Licensing Officer Assistant City Administrator ‘Acting CPPC-CPDO Asst. City Treasurer HRMO IV, CHRMO - via Zoom SEMS, OCENR Punong Barangay, Tumaga Owner, Slaughterhouse-Divisoria (Other Guests present, please see attached Attendance Sheet) In today’s public hearing, Honorable Lilibeth M. Nufio, Chairperson of the Committee on Ordinances and Resolutions, jointly with the Committees on Markets and Slaughterhouse, Tourism, Arts, Culture and Foreign Relations, Trade, Investment and Industry, Awards, Health and Sanitation, Appropriations, and Page 2 0f9Pollution and Waste Management called the hearing to order at exactly 9:31 in the morning, to discuss the following: 1. Proposed Ordinance No, 2022-99, entitled “An Ordinance Amending Certain Paragraphs of Section 1 of Ordinance No. 2002-093, entitled “An Ordinance Granting Mr. Danilo Uy, a Franchise to Operate and Maintain a Private Slaughterhouse at Duncaan, Barangay Boalan, this city, authored by Honorable Jimmy B. Villaflores and Honorable Lilibeth M. Nufio; 2. Proposed Ordinance No. 2022-100, entitled “An Ordinance Granting Mr. Cesar J. Bahidjan, a Franchise to Operate and Maintain a Flea Market or “Talipapa” at Barangay San Roque, this City, authored by Honorable Lilibeth M. Nujio and Honorable El King K. Omaga; 3. Proposed Ordinance No. 2022-101, entitled “An Ordinance Granting Ms. Carolina A. Gaganting, a Franchise to Operate a Maintain a Flea Market or “Talipapa” at barangay Tumaga, this city, authored by Honorable Lilibeth M. Nufio and Honorable El King K. Omaga At the onset, clarificatory questions were brought out regarding the requirements needed to operate a private slaughterhouse, and in the case of Mr. Danilo Uy, the body inquired as to what he is applying for, an extension or a renewal of his franchise to which Dr. Mario Ariola, City Veterinarian, replied that for an operator to operate a slaughterhouse, there is a need to secure a franchise from the Sangguniang Panlungsod, but prior to securing the franchise, they need to submit a Letter of Intent to the City Mayor along with all the requirements provided by the City Meat inspection Code But before granting of franchise, the Executive branch will have to conduct first an inspection and evaluation to the area. It came to the knowledge of the Body that Mr. Danilo Uy is applying for a renewal of his franchise because his franchise is set to expire on September 28, 2022. Member Al-Jijan Edding apprised that with the passage of the Meat Inspection Code, all franchises for slaughterhouse were given an extension to operate until January 22, 2024, provided that for those affected, they have to relocate seven (7) km radius outside from the existing City Abbatoir for them to continue their business. Atty. Edward Fronda therefore commented that since Mr. Uy is applying for a renewal of franchise, the TITLE of the proposed ordinance must be RENEWAL OF A FRANCHISE, hence, the same tenor from his previous franchise shall be used and with a period of only five (5) years, and likewise has to Page 3 ofpay all the necessary franchise fees. He also suggested to the Body that since all franchises for slaughterhouse were given an extension to operate until January 22, 2024 only, the Committee on Market and Slaughterhouse must convene to address the issue and come-up with guidelines on the matter before the expiration arises City Planning representative commented that before granting of permits, there is a need to conduct an inspection prior to the application of renewal of any franchise, and on the case of Mr. Uy, they have not yet conducted an inspection since the matter had only brought up just recently. Kagawad Jesus Inot, on his capacity as representative of theit Punong Barangay of Boalan, interposes no objection to either renewal or extension of the franchise of Mr. Danilo Uy, because he belief that the latter is compliant with all the requirements, Member Al-Jihan Edding moved to refer back all documents to the City Mayor through the Office of the City Veterinarian for total staff work, then for the Mayor to officially endorse the same to the Council for appropriate action, and was seconded by all Members present. Honorable Members Edding, Omaga, Atilano, Macrohon and Valesco, Jr., manifested authorship. After thorough discussions, the committee recommended that the aforementioned proposed ordinance be held in abeyance pending the submission of inspection report from the City Planning Office and also the endorsement from the City Mayor. On the matter pertaining to Proposed Ordinance No. 2022-100 and Proposed Ordinance No. 2022-101, granting Mr. Bahijan and Ms. Gaganting franchise to operate and maintain a flea market or “talipapa” in San Roque and Tumaga, Pages of9respectively, Mr. Mario B. Yanga, City Administrator, highlighted what is stipulated in the existing iaws especially Ordinance No. 50, entitied “An Ordinance Authorizing the Establishment and Operation of Barangay Flea Markets or “Talipapa” in the City of Zamboanga” where he emphasized Section 6 thereof, which states that “Ail buildings and/or structures constructed within a barangay flea market or “Talipapa” shall be in accordance with the plans and specifications duly approved by the City Engineer, pursuant to the provisions of the National Building Code; the need to maintain cleaniiness and sanitation at ali times, compiy with sanitary rules and regulations as provided for under the Sanitary Code; observe fire safety measures and comply with the provisions of the Fire Code. He added further that no portion of the city or national highway, road or street and sidewalks shall be used for the dumping, sale or display of market goods. Moreover, Section 7 of Ordinance No. 93-017, provides that the establishment of flea markets or “talipapa” near the road or highway shali in no way encroach the sidewalk or affect the smooth flow of pedestrians and vehicular traffic. The Housing and Land Use Regulatory Board (HLURB) also issued IRR governing the processing of application for Locational Clearance of markets with design standards and requirements that should be followed. Thus, with the guidelines mentioned, he fervently requested the Members of the Sanggunian, that prior to the granting of franchise to any applicant, they need to comply first ali the needed permits and clearances as stated purposely to ensure public order and safety of the people. In addition, CPDO Zoning Officer, Engr. Marijun Ormanita, also manifested that they also check and evaluate the existing flea markets whether they are compliant with the required fire safety equipment as weil as toilet and handwashing facilities. Per inspection conducted on the flea market of Mr. Cesar Jay Bahijan in San Roque, and of Ms. Carolina Gaganting in Tumaga, various pictures were flashed on the screen and with the following remarks: Page 5 ofSan Roque Flea Market: i) The distance of the existing “talipapa” from the edge of the riverbank ranges from 1.7 to 5.0 meters; 2) The distance from the edge of the existing “Talipapa” to the edge of the right- of-way is 5.0 meters; 3) The water from the “Talipapa” was directly thrown thru the river, 4) No septic vault/tank; 5) No parking space; 6) No comfort room; 7) No outlet where to throw the water; 8) There is amanhoie where they throw water going to the river; Tumaga Flea Market: i). The area is within medium density commercial zone; 2) The flea market is 4.0 meters away from the edge of the road-right-of-way; however, there are vegetable stand and Pizza stall within the four (4) meter setback; 3) No parking space; 4) Actual distance from the sidewalk along Tumaga to Ateneo Road is only four (4) meters; 5) No Septic Tank 6) No Comfort Room Based on the inspection report of the CPDO Zoning Officer, the Punong Barangay of Tumaga, Jackielyn Lim, informed the body that there was a septic tank at the inner part of the said facility. Hence, her office interposes no objection to the application for renewal of franchise of Ms. Gaganting, except for the four (4) meter setback intended for customers’ parking, were utilized for vegetable stand and pizza stall, which to her belief, causes obstruction to the area. Joy Sese, Sanitation Inspector of CHO, manifested that since there was a contradicting statement between the CPDO inspection report and the Punong Page 6 of 9Barangay of Tumaga, she suggested the need to revisit and re-inspect the Tumaga flea market as well as San Roque flea market facilities, and from there, they will submit a report to the City Council and to the City Administrator’s Office. On the other hand, a query was raised as to the procedure of securing a Business Permit to operate a flea market, hence, Mr. Benjie Barredo, City Licensing Officer answered, that his office only follows what is stipulated in the law. Based on the City Ordinance, applicants are required to secure the following sanitation clearance, fire safety clearance, locational clearance, building permit, and payment of tax fees, secure franchise then the grant of Mayor’s Permit. Member Joselito A. Macrohon brought up a concern where he expressed that is quite unfair on the part of the flea markets to be compliant on the submission of pertinent requirements while some fish vendors are just selling on undesignated areas, particularly on the barangays. Therefore, he sought the intervention of the City Mayor, the City Administrator, in collaboration with the Barangay Council as to the need to also regulate those fish vendors and to look for a designated area where they can sell provided that they also comply the same with that of the fish vendors in flea market, so that everything will be in order. Member Frederick Atilano and Punong Barangay of Tumaga, Jackielyn Lim, raised the issue on what will happen to those establishments with pending applications for franchise and business operators who are still on the process of securing the needed requirements, will they still be allowed to continue their business operation? The City Administrator responded that it depends on the Mayor. If they see no effort from the operator/applicant in complying the needed requirement, they would advise for the closure of the said establishment. After the lengthy discussions, the committee came up with the following recommendations, to wit: Poge 7 of 91) Proposed Ordinance Nos. 2022-99, 2022-100, and 2022-101 be held in abeyance pending the submission of inspection report from agencies concerned, compliance of the needed requirements of the applicants and endorsement from the City Mayor; 2) To request from the Licensing Officer, Mr. Benjie Barredo, the list of all flea markets with franchise but with incomplete requirements, for review of the committee; 3) To request the Market Committee of Zamboanga to look into the different flea market with franchise but with incompiete requirements; and likewise the issue raised by Member Macrohon relative to fish vendors with undesignated area; 4) To request the City Administrator and all 98 Punong Barangays to implement the DiLG Memorandum No. 2022-085, with regard to road clearing in the new normal; This report is submitted for approval of the August Body in the Plenary Session. tre LILIBETH M. NUNO- Vice Chairperson, CoAwards Member, CoAppro. 5 ROGELI LESCO, JR. irgerson, COR/CoAppro. Member, CTACFR JOSELITO A. MACROHON r Chairperson, CoAwards/CoAppro. Member, CMS Member, CTI Page 8of 9. VILLAFLORES AL-, ING Methbét, CoAwards/CHS Mefnber’ Cl VINCENT PAUL A. ELAGO JOE) Vice ChairpesSon, CTACFR/CTIL Vice Jerson, CMS Member, CoAppro. Member, CHS 2 CARY JOHN 0. PIOC Vice Chairperson, CHS Member, COR/CTACFR/CPWM Page 9 of 9