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HomeMy WebLinkAbout12-11-2012 City Council & SA to the Redevelopment Agency MinutesMINUTES CITY COUNCIL and SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 11, 2012 ................................................................................. ............................... CALL TO ORDER - 5:00 P.M. Mayor Tisdale called the meeting to order at 5:07 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tern Hickman Council Member Johnson Council Member Magee Council Member Manos Also present: City Attorney Leibold, City Manager Yates, and City Clerk Bloom. CITY COUNCIL CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item No. 1a. PUBLIC COMMENTS R.M Mayor Tisdale adjourned the meeting into Closed Session at 5:08 p.m. The Closed Session adjourned at 6:08 p.m. CALL BACK TO ORDER - 7:00 P.M. Mayor Tisdale called the meeting back to order at 7:00 p.m. Regular City Council Minutes Meeting of December 11, 2012 Page 2 of 13 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Council Member Manos led the pledge of allegiance. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tern Hickman Council Member Johnson Council Member Magee Council Member Manos ABSENT: None Also present: City Attorney Leibold, City Manager Yates, City Clerk Bloom, Director of Lake, Parks and Recreation Kilroy, Director of Administrative Services Riley, Public Works Director Seumalo, Acting Planning Manager MacHott, Management Analyst Carlson, Parks & Recreation Manager Davis, Fire Chief Barr and Police Chief Kennedy- Smith. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Agenda Item No. 1a; no reportable action taken. PRESENTATIONS / CEREMONIALS Certificate of Recognition of Council Member Melissa Melendez • Certificate of Recognition of Council Member Peter Weber • Introduction of new Community Services Officer (CSO) Roxanne Baca of the Crime Free Multi Housing Program Mayor Tisdale presented a Certificate of Recognition to out -going Council Member Melendez for her years of service on the City Council. Assembly Member Melendez congratulated the new members serving the City Council and City Manager Yates. Mayor Tisdale presented a Certificate of Recognition to out -going Council Member Peter Weber. He thanked Mr. Weber for his 14 months of service to the City of Lake Elsinore. Mr. Weber thanked his family for allowing him to serve on the Council. He stated that the City was in a good position for taking leadership from Assembly Member Melendez and Supervisor Jeffries, both who are strong advocates for Lake Elsinore. Police Chief Kennedy -Smith introduced Roxanne Baca who will be representing the City of Lake Elsinore as the new Community Service Officer. Ms. Baca thanked the City Council for the opportunity and is looking forward to launching the Crime Free Multi- Housing and Neighborhood Watch Programs. Regular City Council Minutes Meeting of December 11, 2012 Page 3 of 13 PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE None CONSENT CALENDAR (2) Approval of Minutes Recommendation It is recommended that the City Council approve the Minutes of the Special City Council Meeting of December 4, 2012. (3) Warrant List dated November 15 & 29, 2012 Recommendation Receive and file Warrant lists dated November 15 & 29, 2012. (4) Investment Report for October 2012 Recommendation Receive and file report. (5) Waiver for Serving Alcohol in Public at Wild Wild West BBQ Championship Special Event Recommendation It is recommended that the City Council waive the Lake Elsinore Municipal Code section 9.28.030 Furnishing alcoholic beverages in public for the proposed Wild Wild West BBQ Championship Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. (6) Notice of Completion Slope and Drainage Repairs Various Locations Project No. 4366 Recommendations It is recommended that the City Council: A) Accept the improvements into the City Maintained System; B) Approve Final Contract Change Order No. 1 for Landmark Site Contractors in the amount of $16,949.35; C) File the Notice of Completion with the County Recorder; and D) Release all retention monies 35 days after the filing of the Notice of Completion (7) Notice of Completion Boat Launch Facility Improvement Project No. 4237 Recommendation It is recommended that the City Council: A) Approve Contract Change Order No. 1 to Fiber Docks in the amount of $27,973.88; B) Approve final contract change order to Reyes Construction for $49,771; C) Authorize the use of available unallocated revenue funds in the amount of $26,752.76; D) File the Notice of Completion with the County Recorder; and E) Release all retention monies 35 days after the filing of the Notice of Completion. Regular City Council Minutes Meeting of December 11, 2012 Page 4 of 13 (8) Annual Adoption of Investment Policy Recommendation It is recommended that the City Council approve the City's investment policy. It was moved by Mayor Pro Tern Hickman and seconded by Council Member Manos to approve all the items under the Consent agenda; the motion passed unanimously. PUBLIC HEARING(S) (9) Zoning Code Amendment No 2012 -03 — Modifying the City of Lake Elsinore Municipal Code Title 17 — Zoning to add "Emergency Shelter," "Transitional" and "Supportive Housing" to Chapter 17.08 — Definitions; to add Emergency Shelter as a Permitted Use Within the Commercial Manufacturing (CM) and General Manufacturing (M2) Zones; and to add Transitional and Supportive Housing as a Permitted Use Within the High DensitV Residential (R3) Residential Mixed -Use (RMU) and Commercial Mixed -Use (CMU) Zones; as Required bV the State of California Senate Bill 2 (Continued from the City Council Hearing of October 23, 2012 Recommendation It is recommended that the City Council introduce by title only and waive further reading of Ordinance No. 2012 -1309 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, ADDING "EMERGENCY SHELTER," "TRANSITIONAL HOUSING," AND "SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND ADDING THESE USES AS PERMITTED WITHIN VARIOUS CHAPTERS, by roll -call vote. Mayor Tisdale opened the Public Hearing at 7:16 p.m. Acting Planning Manager MacHott provided a review of the item to the City Council. Tim Fleming stated that there was a need for adequate safe guards to maintain continuity within the zoning designations. He indicated the concerns were mostly with the transitional and supportive housing issues. Mayor Tisdale closed the Public Hearing at 7:21 p.m. Council Member Magee thanked staff for bringing this item back with a reduction of the overall area that was eligible for these activities. Mayor Pro Tern Hickman asked if an individual could be referred to HOPE if he was looking for temporary housing. Mayor Pro Tem Hickman stated that he was in support of this project. Council Member Manos stated that he liked the proximity to the shopping centers, and public transportation. Regular City Council Minutes Meeting of December 11, 2012 Page 5 of 13 Council Member Johnson stated that the definitions of the three types of housing were clearly stated. It was moved by Council Member Johnson and seconded by Council Member Magee to introduce by title only and waive further reading of Ordinance No. 2012 -1309 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, ADDING "EMERGENCY SHELTER," 'TRANSITIONAL HOUSING," AND "SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND ADDING THESE USES AS PERMITTED WITHIN VARIOUS CHAPTERS; the motion passed unanimously by a roll -call vote. (10) Vesting Tentative Tract Map (VTTM) No 35001 - A Request to Subdivide 400.3 Acres of Land into 1,062 Total Numbered Lots (1,056 Single- Family Residential, 1 High Density Residential 2 Suburban Village Commercial 1 Commercial, 1 EVMWD Tank Site and 1 Detention Basin) and 2 Public Parks. The Tract Map is Located On the East Side of Lake Street Near the Northeast Corner of Nichols Road and Lake Street Recommendation: Adopt Resolution No. 2012 -052 adopting findings that the project identified as Vested Tentative Tract Map No. 35001 is in compliance with the Multiple Species Habitat Conservation Plan (MSHCP). Adopt Resolution No. 2012 -053 adopting findings to certify Addendum No. IV to the Alberhill Ranch Specific Plan Final Environmental Impact Report (State Clearinghouse No. 88090517). Adopt Resolution No. 2012 -054 approving Vesting Tentative Tract Map No. 35001 based on the Findings and Exhibits, and subject to the attached Conditions of Approval. Mayor Tisdale opened the Public Hearing at 7:26 p.m. Acting Planning Manager MacHott presented the report to Council. Tom Tomlinson thanked Council and staff for working with Castle and Cooke on their plan. He stated that the project is consistent with the original development agreement, and the EIR takes into account the lot lines. He stated that Castle and Cooke had been working with the School District which does not feel the need for an additional school at this time. He stated that he agrees to the Conditions of Approval. Steve Miles, attorney representing Castle and Cooke, noted that the Brighton Development Agreement is not before City Council, however it is related to this project and the applicant felt it was important to brief the Council on the nature of the fundamental vested property rights. Mayor Tisdale closed the Public Hearing at 7:40 p.m. Council Member Magee noted that the development agreement is not on the agenda. He thanked staff and the applicant for the significant progress made on the area of parks and preserving the historical Butterfield Stage Coach Bridge structures. He stated that the trail Regular City Council Minutes Meeting of December 11, 2012 Page 6 of 13 head at the tip of the project recognizes 600 acres of preserved habitat area that ties into an existing trail that is already used. Council Member Manos commended the City Council for holding a standard for the residents, and thanked Castle and Cooke for including fully developed parks for the area. Mayor Pro Tern Hickman thanked City Manager Yates and staff for the new attitude that was coming forth and looks forward to this project coming to fruition. It was moved by Council Member Manos and seconded by Mayor Pro Tenn Hickman to approve and adopt Resolution No. 2012 -052 adopting findings that the project identified as Vested Tentative Tract Map No. 35001 is in compliance with the Multiple Species Habitat Conservation Plan (MSHCP); motion passed unanimously. It was moved by Council Member Johnson and seconded by Council Member Magee to approve and adopt Resolution No. 2012 -053 adopting findings to certify Addendum No. IV to the Alberhill Ranch Specific Plan Final Environmental Impact Report (State Clearinghouse No. 88090517); motion passed unanimously. It was moved by Council Member Johnson and seconded by Council Member Manos to approve and adopt Resolution No. 2012 -054 approving Vesting Tentative Tract Map No. 35001 based on the Findings and Exhibits, and subject to the attached Conditions of Approval; motion passed unanimously. (11) Commercial Design Review No. 2012 -06 — A Request to Establish and Operate an 8,320 Square Foot Family Dollar Retail Store on Property Located at the Northwest Corner of Riverside Drive and Walnut Drive (APN 379 - 222 - 001,- 002, -003, and - 008). Recommendation It is recommended that the City Council adopt Resolution No. 2012 -056 approving Commercial Design Review No. 2012 -06 based on the Findings and Exhibits, and subject to the Conditions of Approval. Mayor Tisdale opened the Public Hearing at 7:50 p.m. Acting Planning Manager MacHott provided an overview of the project to Council. Frances Chu, architect for the project thanked Council and staff for allowing this project to come before Council. Mayor Tisdale closed the Public Hearing at 7:52 p.m. Council Member Johnson asked what is the classification of this project. Acting Planning Manager MacHott answered that this project sells dry goods, not groceries. Christy Kendal with Buzz Development indicated that the items sold are in comparison to a Wal -Mart or Target store. Council Member Magee thanked staff for making the necessary findings to make this project exempt from CEQA, and thanked the applicant for encouraging more future commercial development. He asked if Caltrans had approved the driveway locations on Regular City Council Minutes Meeting of December 11, 2012 Page 7 of 13 Walnut and Highway 74. Public Works Director Seumalo stated that Caltrans had approved the location of the driveways. Council Member Manos thanked staff for putting this project together and noted that this project was a great fit for the area. It was moved by Council Member Manos and seconded by Council Member Magee to adopt Resolution No. 2012 -056 approving Commercial Design Review No. 2012 -06 based on the Findings and Exhibits, and subject to the Conditions of Approval; motion passed unanimously. APPEAL(S) None BUSINESS ITEMS (12) Rosetta Canyon Fire Station - Station #97 Recommendation It is recommended that the City Council: A) Approve and authorize the Mayor to execute A Cooperative Agreement To Provide Fire Protection, Fire Prevention, Rescue And Medical Emergency Services For The City Of Lake Elsinore (Fiscal Year 2012/13 Through 2015/2016); and B) Approve and authorize the Mayor to execute the Implementation Agreement Between The City Of Lake Elsinore And The County Of Riverside To Share The Cost Of A Quint Fire Truck. City Manager Yates provided an overview of the item to Council. He introduced Fire Chief Barr to review specifics. City Manager Yates stated that this Fire Station would be staffed by four members to include one paramedic. He stated that it is planned to have the station open by July 1, 2013 and the County of Riverside would provide one engineer and the City would provide the staffing. Council Member Magee stated that the City had been working on this project since 2007 and that Mayor Tisdale made this project happen. He stated that the City would receive funds from those who were receiving the benefits. He announced that the agreement reduced the City's capital equipment costs, annual staffing costs, final building and finish costs and allows the City to have a fully operational fire station in less than seven months. Council Member Manos agreed with Council Member Magee's gratitude towards Mayor Tisdale's efforts. He added that gratitude should also go to the County of Riverside for stepping up to the plate for picking up their fair share of the costs. Mayor Pro Tern Hickman thanked Mayor Tisdale for making this project come to fruition Regular City Council Minutes Meeting of December 11, 2012 Page 8 of 13 Mayor Tisdale stated that he met with County Supervisor Buster to discuss this project. He stated with the help of Interim City Manager Evans, they were able to get this project accomplished. It was moved by Council Member Magee and seconded by Mayor Pro Tem Hickman to approve and authorize the Mayor to execute A Cooperative Agreement To Provide Fire Protection, Fire Prevention, Rescue And Medical Emergency Services For The City Of Lake Elsinore (Fiscal Year 2012/13 Through 2015/2016); and approve and authorize the Mayor to execute the Implementation Agreement Between The City Of Lake Elsinore And The County Of Riverside To Share The Cost Of A Quint Fire Truck; the motion passed unanimously. (13) Purchase of New Police Motorcycle Recommendation It is recommended that the City Council approve the purchase of one BMW R1200RT -P police motorcycle from BMW of Riverside (lowest bid) using the approved budgeted money from FY 2012 -2013 Police Services Budget. Police Chief Kennedy -Smith provided an overview of the request to Council. She clarified that the lowest bid was not from Escondido as stated, but from Riverside. Council Member Manos asked if this would be a lease or purchase. Police Chief Kennedy - Smith stated that it would be a purchase, and owned by the City. Council Member Johnson pointed out the comparison as far as the reasons why the City selected the BMW to the Honda Motorcycle. She indicated BMW specializes in law enforcement motorcycles and could be purchased for less money. It was moved by Council Member Johnson and seconded by Mayor Pro Tern Hickman to approve the purchase of one BMW R1200RT -P police motorcycle from BMW of Riverside (lowest bid) using the approved budgeted money from FY 2012 -2013 Police Services Budget; motion passed unanimously. (14) Mayor's Recommended Council Appointments Recommendation It is recommended that the City Council discuss and approve the Mayor's recommendations as to Council appointments to the various other governmental agency committees. City Clerk Bloom introduced this item to the City Council and clarified that she was contacted by the Northwest Mosquito Vector Control District requesting Council to clarify the term of office of either two vs. four years for its appointee and that all other appointments are for a one -year term. Mayor Tisdale pointed out that the Vector Control District could be held by a Council Member or community member. He indicated that former Council Member Buckley has expressed his interest of continuing to serve on that board. Regular City Council Minutes Meeting of December 11, 2012 Page 9 of 13 Council Member Magee stated that Northwest Mosquito Vector Control District did not have any Council representation for over 20 years until it was brought to the Council's attention by former Council Member Buckley. He stated that Mr. Buckley researched the issues and requested that the City Council appoint him in 2003 and since that time he has served on this committee. Council Member Manos indicated that this is the only organization that was not being headed by a Council Member. He stated that he would be willing to step into the position should no one else on the Council be interested. It was moved by Mayor Pro Tem Hickman and seconded by Council Member Manos to appoint Council Member Manos to serve on the Northwest Mosquito Vector Control District. Subsequent motion by Council Member Magee and seconded by Council Member Johnson to adopt Mayor Tisdale's recommendations as submitted; the vote passed 3 -2 with Council Members Manos and Hickman voting no. City Clerk Bloom requested a point of clarification on the term of appointment for this committee. It was moved by Council Member Magee and seconded by Council Member Manos to have the Northwest Mosquito Vector Control District term set at two years; the motion passed unanimously. (15) City Membership with the League of California Cities Recommendation It is recommended that the City Council review the benefits afforded by membership with the League of California Cities to the Council, Commissioners and Staff; and to authorize that membership be reinstated at this time in the amount of $14,278. City Clerk Bloom presented an overview of the request to Council. Erin Sasse of the League of California Cities provided an overview of the benefits the League provides to its members. Council Member Manos stated that one of his first questions presented to City Manager Yates was which legislation affects the City and believes that the League of California Cities can fill the role of keeping the Council informed. Mayor Pro Tern Hickman indicated that the City did not renew the membership with the League of California Cities last year due to the decline in the economy. He stated that the City did donate money for many of the causes. City Clerk Bloom stated that the League of California Cities is key to the operation of the City Clerk's office in that it is utilized for research purposes on a daily basis as well as training for staff. It was moved by Council Member Manos and seconded by Council Member Johnson to review the benefits afforded by membership with the League of California Cities to the Council, Commissioners and Staff; and to authorize that membership be reinstated at this time in the amount of $14,278; the motion passed unanimously. Regular City Council Minutes Meeting of December 11, 2012 Page 10 of 13 (16) Annual Streetscape Maintenance Contract FY 2012/13 Recommendation It is recommended that City Council: A) Approve the Services Contract between the City and CTAI Pacific Greenscape for maintenance of all City streetscapes identified in Exhibit B of the Contract documents for the amount not to exceed $156,829.40 per year; and B) Consider up to four (4) 1 — year extensions upon successful annual review and recommendation by staff. Director of Public Works Seumalo provided an overview of the item to Council. Mayor Pro Tem Hickman asked if CTAI Pacific Greenscape was responsible for collection of the trash containers on Main Street. Director Seumalo indicated that City staff was responsible for Main Street trash containers. It was moved by Mayor Pro Tem Hickman and seconded by Council Member Manos to approve the Services Contract between the City and CTAI Pacific Greenscape for maintenance of all City streetscapes identified in Exhibit B of the Contract documents for the amount not to exceed $156,829.40 per year; and consider up to four (4) 1 — year extensions upon successful annual review and recommendation by staff; the motion passed unanimously. (17) Annual Reorganization of the City Council to Select the Mayor and Mayor Pro Tem RECOMMENDATION It is recommended that the City Council yield the chair to the City Clerk to open the nomination process for the office of Mayor, receive nominations, close the nominations and conduct a roll call vote; then the newly selected Mayor will assume the chair and open the nomination process for the office of Mayor Pro Tem, receive nominations, close the nominations and conduct a roll call vote. Mayor Tisdale indicated that City Clerk Bloom would be providing an overview of the item to Council. He thanked staff for all the hard work that has been completed which made it easier on the Mayor and indicated that many good things have been accomplished. He stated that he is happy that the City of Lake Elsinore is in a better place than before. City Clerk Bloom opened the floor for nominations for Mayor. It was moved by Council Member Johnson to appoint Council Member Magee as Mayor; the vote passed unanimously. Mayor Magee thanked the Council for the appointment. Mayor Magee opened the floor for nominations for Mayor Pro Tem. It was moved by Mayor Magee to appoint Council Member Johnson as Mayor Pro Tem; the motion passed 3 -2 with Council Members Hickman and Manos both voting no. Mayor Magee presented Council Member Tisdale a plaque of appreciation for serving as Mayor of the City of Lake Elsinore and for all his achievements for the past 14 months. Mayor Magee presented a plaque of appreciation to Treasurer Baldwin for serving as Treasurer for the City over the past four years. Treasurer Baldwin said he looked forward to the next four years serving as Treasurer. Regular City Council Minutes Meeting of December 11, 2012 Page 11 of 13 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONSENT CALENDAR (SA1) Warrant List dated November 15 & 29 2012 Recommendation Receive and file Warrant list dated November 15 & 29, 2012. (SA2) Investment Report for October 2012 Recommendation Receive and file report. It was moved by Agency Member Tisdale and seconded by Agency Member Hickman to approve the Successor Agency Consent agenda; the motion passed unanimously. BUSINESS ITEM(S) (SA3) Stadium Interim Management Agreement Recommendation: Approve and authorize the City Manager to execute the Stadium Interim Management Agreement dated January 1, 2013 between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP in substantially the form attached and in such final form as approved by the City Attorney. Agency Counsel Leibold provided an overview of the proposed Agreement to the Agency. Agency Member Tisdale noted that the Storm is a good partner for the Successor Agency /City and indicated that the Storm provides great service to the Successor Agency /City and the community. Agency Member Manos stated that he liked the contract as it benefitted the Successor Agency /City and was a win -win situation. Agency Member Johnson thanked the City Attorney and City Manager Yates for working together with the Stadium. It was moved by Agency Member Tisdale and seconded by Agency Member Manos to approve and authorize the City Manager to execute the Stadium Interim Management Agreement dated January 1, 2013 between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP in substantially the form and in such final form as approved by the City Attorney; the motion passed unanimously. Dave Oster with the Storm Stadium thanked the Agency, City Manager and City Attorney for all their help and support of the project. Regular City Council Minutes Meeting of December 11, 2012 Page 12 of 13 The City Council recessed and convened to the Public Financing Authority at 8:49 p.m. The City Council reconvened at 8:53 p.m. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES None CITY MANAGER COMMENTS None CITY ATTORNEY COMMENTS City Attorney Leibold congratulated all the new Council appointees and wished everyone a Merry Christmas. dWOd61111ji! Eel 14LO101i!iIkTiI III Council Member Hickman wished everyone a Happy New Year, Happy Hanukah and Merry Christmas and congratulated everyone in their new positions. Council Member Manos thanked City Staff, City Attorney Leibold, City Clerk Bloom and City Manager Yates for helping with the transition in the office. He thanked the Council Members for their guidance; thanked Peter Weber for his service on Council; and congratulated Assembly Member Melendez on her new position. Mayor Pro Tern Johnson commented on how exciting the evening was and wished everyone a safe holiday season. Council Member Tisdale stated that in September he issued a challenge to raise funds for the Salvation Army and the City of Temecula and Murrieta took up the challenge. He stated that the cities raised over $2,100 in donations and thanked all the Council Members for helping out. He congratulated Mayor Magee on his appointment as Mayor and thanked City staff for all their help. Mayor Magee welcomed the new Council Members and reminded everyone that it was not just during the holidays that the public could help those with special needs. He indicated that the PTA at Earl Warren Elementary has a program called No Excuses University which was headed by Angela Brister. He indicated that the Elsinore Princess was in need of funds to save the ship and to get her back to her former glory. He thanked staff and City Manager Yates for all their help to Council and wished his wife Gina a Happy Birthday. Regular City Council Minutes Meeting of December 11, 2012 Page 13 of 13 ADJOURNMENT Mayor Magee adjourned the meeting at 9:01 Tuesday, January 8, 2013 in the EVMW[ Lake Elsinore. City of Lake ATTEST Virginia J. om, Clerk City of Lake to a regular meeting to be held on - droom' located at 31315 Chaney, ee,