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HomeMy WebLinkAbout2000 - MINUTES - 1/5/2000 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 5, 2000 ' A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200• Tahquitz Canyon Way, on Wednesday, January 5, 2000, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Rev. Keith Newsome-Community Church of Palm Springs REPORT OF POSTING OF AGENDA: City Clerk reported that the; agenda was posted in accordance with Council procedures on December 30, 1999. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities)- See items on Page 5 of agenda this date. PRESENTATIONS: PSHS Student Body Report- NONE Swear-in Palm Springs Police Officers PSPD Medal Presentations HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING ' AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY; Mayor declared the rneeting adjourned for the purpose of convening as the Community Redevelopment Agency. HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING AUTHORITY: No Business APPROVAL OF MINUTES: It was moved by Oden, seconded) by Resler-Spurgin, and unanimously carried, Jones abstaining on November 17, 23, 1999 that the (Minutes of November 17, 23 and 30, 1999 be approved. PUBLIC HEARINGS: 1. CS5.0816, PD256 -JAMES McINTOSH Recommendation: That the Council approve the development of a two-phased master planned commercial/retail complex with phase one development consisting of a Walgreens Drug store with drive-thru pharmacy facilities and phase two consisting of two future office/retail buildings, located at the southwest corner of Tahquitz Canyon Way and Sunrise Way, C-1-AA and R-4-VP Zones, Section 14. Director of Planning & Building reviewed the staff report and added that Phase II will be approximately 1.74 acres and will consist of approximately 11,400 square feet of building; that the Planning Commission approval was consistent with the General ' Plan; that the property is located on a designated scenk; corridor; that the zone allows for commercial activity; that the project does comply with all regulations and does exceed parking requirements; that in Section 14 drive-thrus have been discouraged, but this particular project does meet the spirit of the plan; that the Planning Commission did have some concerns and have added conditions of Council Minutes 01-05-00, Page 2 ' approval to address those concerns; that the project has 602 ft., of public utility; that the rule is 600 ft. and over must be underground; that it is a Code requirement and has been complied with in the past; that a condition was added that the developer must pay its proportionate share for the construction and landscaping/irrigation of a new landscaped median island along the Sunrise Way frontage; and reviewed the plans in detail with visual aids. Mayor questioned the overall height of the building, window sill and door height. Director of Planning & Building stated that the height is 25 ft 10 in.; that the mass of the building is 23 ft. and 4 in.; that the bottom of the facia is 11 ft., with the window sills at 7 ft.; that it is somewhat higher than what is wanted for the corridor; that the reductions recommended by the Planning Commission does not impact the usable space within the interior of the building; and that the Planning Commission did focus on the architectural view on the outside. Councilmember Hodges questioned if the building is similar to the building located in Cathedral City. Director of Planning & Building stated that the building is boxed shaped; that in fact, architecturally it will be somewhat the same; but that the facade is different, in that it will have a Mediterranean feel. Mayor declared the hearing open. ' Ernie Nola, 429 Tahquitz, stated that he was representing the Indian owners; that Mr. Patencio and Mr. Davis were likewise present for any questions; that the Tribal Council would like the project approved; that there are four conditions that should be changed; that if the conditions are not changed, Walgreens will not go ahead with the project; that the project has been in the works for a long time; that previously a Sav- on was going in the area; that if the project does not start moving forward, the project will be lost; that the design is somewhat like a box, but it was approved by the Architectural Review Committee; that the median condition should be removed; that the City Engineer did not see a need for the dedication of Arenas; that the street may never go through; that it is possible the dedication could be done in Phase 2, but is unnecessary now; and that the requirement for the undergrounding should be deleted. Charles Duke, stated that the power line easements will expire within 10 years; that the undergrounding could be required at that time; that it is just a small area; that if the Council does want the utility lines underground, one suggestion would be to wait until the entire property is developed and proceed at one time; and by doing so will allow a significant benefit to the Community. Jim McIntosh, architect, stated that he is available to answer any questions; that the Planning Director did represent the project well; that the request for a redesign may cause some problems; that the inside space can not be amended; that it did take one year to make the changes that are presently before the Council; and that trellises were used to soft the impact of the building. 1 Council Minutes 01-05-00, Page 3 Tom Davis, stated that the easement for utility lines for the property will expire in 10 ' years; that it is an overhead easement at the present time; that any adjustment to the easement must be approved by the Bureau of Indian Affairs; that there could be a federal preemption; that other projects have received exempt status in the past; that the Planning Commission did express empathy for the undergrounding condition; and added that the Tribal Council did support the project. Robert Guzman, questioned the benefits for employees offered by Walgreens. There being no further appearances, the hearing was closed. Councilmember Hodges stated that she concurred with Mr. Noia; that this area is just a small segment of the parcel to require for undergrounding; and that she did not favor Median Islands. Councilmember Oden stated that that the power lines should be addressed as a whole, not piecemeal. Councilmember Jones stated that this type of building does snot suit the site; that this is a major intersection of a scenic corridor; that there is supposed to be a Master Plan for Section 14; that this looks like piecemeal development; that it is not certain another drug store is needed; that the undergrounding of utilities is a part of the Municipal Code; that it may seen unfair, but that is what everyone follows, unless it is ' amended; and that if the Ordinance is not working, Council should consider modifications. Councilmember Reller-Spurgin stated that her employment is within 400 feet and that she would abstain. Mayor questioned what the Planning Commission discussed regarding the undergrounding of utilities. Director of Planning & Building stated the matter was not discussed as to a change; that there is an Ordinance regarding the undergrounding; that the Ordinance states anything over 600 hundred feet must be underground; that the regulation does not have a provision for the Commission to override the matter; that the Commission will be addressing the issue and make a recommendation to the Council for possible revision to the Ordinance; that there is a cost to undergrounding; that usually that cost is absorbed when the land is developed; that it is possible to defer the undergrounding by covenant; that if the utilities are not placed underground and the cost not protected by covenant, public moneys will bear the: cost; that Condition 97 could be deleted regarding the redesign of the entry; that Condition 12A regarding the median island could be deleted; that Condition 14 could be deferred to Phase 2; that Condition 32 could be deferred by covenant; and that an agreement will be signed to enter into street improvements. Councilmember Hodges stated that in 10 years the lease with Southern California Edison for the utility poles will expire anyway. ' Director of Planning & Building stated the covenant could be created to include a clause that if the poles are gone the covenant is null and void; that if the; matter is simply deferred, it may not be easy to recapture. Council Minutes 01-05-00, Page 4 ' City Attorney stated that covenants are recorded with the Title of the property; that there is the ability to release, extend or change; that when anything is done with the property, the covenant will come up in a land record. Councilmember Hodges stated the intent is that in 10 years the easement for the poles with SCE will come up for renewal; at that time it could be renegotiated for the undergrounding. Mayor stated that the Ordinance should be complied with; that the Ordinance should be enforced as any other Ordinance; that the covenant could be entered in and if in 10 years the overhead is eliminated; then the covenant will be void. Councilmember Oden stated that the core of the City should be discussed between both Councils, focusing on the entire Section 14, not just this project. Director of Planning & Building stated that the undergrounding is enforced in residential developments; that it is a condition of approval; that to comply with the Ordinance the undergrounding of utilities is required; that Ordinances are consistently complied with on projects; that if a covenant could be crafted to come back in 10 years and the undergrounding has already been completed, then the covenant would have no bearing. Mayor stated that the covenant would bear time limits; that the landscaping of medians is an improvement for the City; that a covenant could be put in place for the dedication of Arenas and street improvements; that the redesign of the building itself should happen; that the building is out of scale with the area; that the window sill height is 7 feet; that this is one of more important corners in the City; that sensitivity to design and texture must be .lent; and that the Planning Commission recommendation should be supported. Motion to approve the project with Conditions deleted 12A and 13 and deferral by covenant of underground of utilities and the dedication of Arenas Road was presented; after which, it was moved by Oden, seconded by Hodges, and failed by the following vote. AYES: Hodges and Oden NO: Jones and Kleindienst ABSTAIN: Reller-Spurgin Motion for approval of redesign of project by the Planning Commission and with the deferral of Arenas Road dedication to Phase 2 and a covenant of underground of utilities for 10 years was presented; after which, it was moved by Kleindienst and failed due to a lack of second. Councilmember Hodges stated that median islands should not be required. Councilmember Oden stated that median islands are good, but the problem is they are not maintained; and that a plan should be made for the entire City and followed. ' City Attorney stated that the issue is who will pay for the median islands; that if the island is required as part of the project, the developer pays; that if a master plan is implemented at a later date, the current developers will be exempt; that the matter has not been analyzed, and that there may be another alternative, such as an assessment on property value; but that would need to be studied and stated the matter could be continued to the next meeting for further research. Council Minutes 01-05-00, Page 5 Councilmember Oden stated that continuing would allow the: conflict of interest issue , for Councilmember Reller-Spurgin to be research. Consensus of Council to continue the matter to January 19, '2000. PUBLIC COMMENTS: a) Comments regarding item 2: The following persons spoke against the approval of'the project: Wayne Brechtel, Solona Beach Jeff Morgan, 1485 Via Escuala Dr. Stuart Barton, 444 Chino Drive Sharon Lock, 1517 Sagebrush Road Jim DeForge, 51000 Hwy 74, Palm Desert Pete Sorensen, Carlsbad Kevin Barry Brennan, Idyllwild Bob Seale, 280 Camino Sur Dr. Larry Cone, 765 Via Vadera Marian Hargrave, 460 Via Lola Joan Taylor, Palm Springs Sierra Club Dick Sroda, Palm Springs The following person spoke in favor of approval of the project: Martin Mueller, 2177 Bob O'Link b) Comments regarding item 3: Elizabeth Baker, 1321 E. Adobe, stated that a positive vote for the Ordinance will be a positive step to end discrimination. Dean Stephen Kauffman, 2560 Hermosa, requested Council support for the approval of the Ordinance. JoAnn Garcia-Coalson, Verbena, requested Council support for the approval of the Ordinance. c) Comments regarding item 6: Joan Berliner, Vice-President AON Risk Services, stated availability for questions when the matter arose for action. d) Comments on matters not on the agenda: Eric Meeks, 1450 Mesquite, stated that the City Wet) Site is getting better; that the New Years Eve party downtown was a success; and that the Christmas Parade was well attended. Jim Stuart, 1037 Tamarisk, stated that the New Years Eve event was a ' success and thanked all involved parties for their participation. Council Minutes 01-05-00, Page 6 ' COUNCIL COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: a) Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. LEGISLATIVE ACTION: 2. MOUNTAIN FALLS GOLF PRESERVE Recommendation: That the Council review and approve rescinding all previous actions approving the Mountain Falls Golf Preserve; after which, approve resolutions to certify the Final Environmental Report, Statement of Facts and Findings, Statement of Overriding Considerations, Mitigation Monitoring Program; approve the General Plan Amendment and approve the Conditional Use Permit and Ordinance to change the zoning on a portion of the property. Director of Planning & Building reviewed the history of the project and outlined the actions proposed and recommended; that the Judge in Superior Court did not find fault with the EIR and did not order a new EIR to be conducted; and that the information submitted tonight was not new information or new facts, but were a confirmation of what the Council has already been told. City Attorney clarified that the information before the Council is essentially consistent with the information received on November 18, 1999; including the information provided tonight, and added that the Court ruling did not result in the "taking" of the sheep; that the Court did rule in favor on all point with the City; that the project is consistent with the General Plan; that the housing proposed in the project is within the density required; that the City did not abuse its authority; that the Court found that the actions by the City were conducted in a fair manner; that the Court did find fault with some of the findings and did order the findings to be amended to indicate that there may be significant impact on the sheep; that it has not been disputed by the City that the project does come within the habitat of the sheep; that the impact was determined not to be significant; that the finding of significance will trigger mitigation efforts; that the EIR was not ordered to be redone; that discussions are ongoing with the developer and with the neighborhood; that the developer has modified the project to lessen impact on the neighborhood; that additional litigation will delay the developer; and that the Council should stay consistent with previous actions; and read the Title of Ordinance and proposed Resolutions for clarification. Councilmember Oden clarified that the information received at the meeting was more of the same information submitted at previous meetings; and questioned if the developer plans had been altered. Director of Planning & Building stated that in review of the information submitted it is a correct assessment that the information provided at this meeting is an endorsement of the facts previously disclosed; that the developer did move two of the holes down off the hillside; and tighten the golf course; and in answer to ' questions by Council added that a portion of the land in question will be leased from the Riverside County Flood Control District; that the use is consistent with the zoning; that there is not an intent to move soil in to the project, but to move the soils out of the basin into the project; that there maybe some top soil added for tees and greens areas; that that the intent is to use what is in the area, not haul truck loads of dirt to the project site from all over the Valley; and that the options for use of this land Council Minutes 01-05-00, Page 7 are recreational types of uses, such as golf course, hiking, biking, and polo type of facilities. City Attorney stated that it has been mentioned that the previous meeting in which this matter was discussed, Councilmember Jones was not on the Council; and that Councilmember Jones has been provided all the materials that the Council has reviewed. Councilmember Jones stated that he has reviewed the entire record of the proceedings of the matter and did in fact feel eligible to participate. Resolution 19717 rescinding previous approval of R19431, 19432 and 19433 was presented; after which, it was moved by Kleindienst, seconded by Hodges and unanimously approved that R19717 be adopted. City Attorney read Title of Urgency Ordinance 1577 repealing Ordinance 1564 as follows: AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING ORDINANCE 1564 CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED IN SECTION 10 FROM W-R-1-A (WATER COURSE WITH SINGLE FAMILY RESIDENTIAL - 20,000 SQ. FT. LOT SIZE) TO 0-20 (OPEN SPACE - 20 ACRES MINIMUM LOT SIZE) after which, it was moved by Oden, seconded by Hodges, and unanimously carried that 01577 be adopted. Resolution 19718 amending and readopting Resolution 19431, relative to including the Statement of Facts and Findings, the Mitigation Monitoring and Report Program and the Statement of Overriding Consideration was presented; after which, it was moved by Kleindienst, seconded by Oden and carried by the following vote: AYES: Oden, Reller-Spurgin and Kleindienst NO: Jones and Hodges Resolution to amend and readopt Resolutions 19432 and 19433 were presented, and failed by the following vote AYES: Oden and Kleindienst NO: Jones, Hodges and Reller-Spurgin City Attorney stated that the previous denial does present a possible legal liability; that at this point legal counsel will need to investigate the matter to be able to advise the Council in the implications of the actions; and requested that the Resolution approved be rescinded and the entire matter be continued to allow further consideration of the matter in Closed Session to discuss possible litigation issues. Motion to reconsider and rescind previous approval of R197113 was presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimouslly carried ' that R19718 be rescinded. Councilmember Hodges stated that the item should be discussed and action taken at this meeting rather than continue the matter. Council Minutes 01-05-00, Page 8 Motion to continue the matter to January 19, 2000 was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and carried by the following vote. AYES: Jones, Oden, Reller-Spurgin and Kleindienst NO: Hodges 3. ORDINANCE FOR SECOND READING &ADOPTION (Intro 12-15-99) City Clerk read Title of Ordinance 1578 amending the Municipal Code relative to Domestic Partnership, after which; it was moved by Reller-Spurgin, seconded by Oden, and unanimously approved that 01578 be adopted. 4. SEWER SERVICE CHARGE BILLING METHODOLOGY Recommendation: That the Council provide direction to staff as to the preferred method for sewer service charge billing to take place beginning July 1, 2000. Assistant City Manager reviewed the staff report. Resolution 19718 as recommended was presented; after which, it was moved by Oden, seconded by Reller-Spurgin and unanimously carried that R19718 be adopted. 5. SEWER SERVICE DATA BASE - DATA COLLECTION ' Recommendation: That the Council authorize expenditures up to $40,000 for collection of sewer fixture data as part of the development of a new sewer data base and appropriate the funding from the Sewer Fund. Assistant City Manager reviewed the staff report. Mayor questioned how the door-to-door process would be handled, and whether the City had any legal right to access property. City Attorney stated that the access is voluntary. City Manager clarified that unless the City is notified in the change of fixtures, the fixtures are not counted. Minute Order 6550 and Resolution 19719 amending the budget were presented; after which, it was moved by Oden, seconded by Hodges, and unanimously carried that MO6550 and R19719 be adopted. 6. INSURANCE BROKERAGE SERVICE -AON Recommendation: That the Council approve an agreement with AON Risk Services for insurance brokerage services for a three year period at$75,000 per year. A4188. Assistant City Manager reviewed the staff report. Councilmember Jones questioned if the City was self-insured for Workers Compensation, and if this would allow going out for a private company. City Manager stated that the broker will consider all options for the City, including self-insurance. Council Minutes 01-05-00, Page 9 Assistant City Manager stated that AON will perform a risk analysis; that the funds , that need to be expended will be determined in all case bcenarios by AON. Councilmember Jones questioned if staff handled risk issues at this time; and what was the necessity of a three year contract. Assistant City Manager stated that they do handle risk issues to a certain extent; that the bid process was for a three-year term; and that it will take that long for the City to be impacted with the full benefit. Minute Order 6551 as recommended was presented; after which, it was moved by Hodges, seconded by Oden and unanimously carried that MO6551 was adopted. 7. ORDER OF CITY COUNCIL AGENDA ITEMS Council directed this matter be placed on the Agenda for discussion and/or possible action concerning the placement and order of items on the Agenda for City Council Meetings. City Manger reviewed the staff report. Councilmember Hodges stated that it would be best to have the order of the agenda in the following manner: the public hearing, public comments, consent agenda then legislative action. ' City Attorney stated that some public hearings do take hours, and if the intent is to allow the consent agenda to be approved early on in the agenda, Council may wish to move the placement of the consent before public hearings; and added that the approval of minutes should be moved to the consent agendas. City Manager stated that moving the public comments section forward will allow the opportunity for public input regarding hearings to occur twice during the meeting. Mayor clarified that one must state concerns during the public hearing of the item to be in the public hearing record. Councilmember Oden stated that there are times when items that are placed later in the agenda provide a large turnout at the meeting, and that those items should be taken out of order. Consensus of the Council to direct the City Clerk to provide alternative agenda examples at the next meeting. 8. DELIVERY OF AGENDA Council directed this matter be placed on the Agenda for discussion and/or possible action concerning the timing and delivery of City Council Agendas. City Manager stated Councilmember Jones had indicated a desire to have the ' agenda delivered earlier to allow time to contact staff regarding matters of question. Councilmember Reller-Spurgin stated that delivery at the current schedule did allow her time to review and be ready for the meeting. Council Minutes 01-05-00, Page 10 Councilmember Hodges concurred with Councilmember Reller-Spurgin. Councilmember Oden stated that there is a learning cuive to reading packets; that it does take awhile to understand the process; and added that at this time the current delivery schedule is appropriate. Councilmember Jones stated that the agenda is received on Friday; that it does not allow time for questions to be given to staff; that the time prohibits the questions until Monday and added it would be helpful to get the packets on Thursday. Mayor stated that the concern indicated by Councilmember Jones is appreciated and noted that on tonight's agenda the Mountain Fall issue was reviewed and Council felt informed to make a decision. Consensus of the Council to direction agenda delivery to remain the same. 9. ADDITIONAL LEGISLATIVE ITEMS: None. CONSENT AGENDA: The following items are of a routine nature, and may be approved by one blanket motion, upon unanimous consent. Clarification questions may be asked prior to voting, and matters need not be voted upon separately. (Note: Contract amounts in excess of $50,000 require minimum of 3 affirmative votes) Review by City Manager of Consent Items to be clarified. 10. MO 6552 approving purchase from Power.Engineering Services Inc., of testing, repair and certification services for protective relays, circuit breakers, transformers and meters at the City's cogeneration facilities for$40,000. 11. MO 6553 approving purchase of right-of-way for Gene Autry Trail to the Untied States of America, as Trustee for Michael Joseph Prieto, for$100,000. 12. MO 6554 approving acceptance of grant from Riverside County Economic Development Agency related to a Business Visitation Program for$26,000; and entering into contract with same for City to perform the services. A4187. 13. Res 19720 approving Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict Hodges 949215 Desert Water Agency Employer Hodges 949243 Chris Foster, Inc. Employer Hodges 949245 G & M Construction Employer Hodges 949252 Granite Construction Employer Reller-Spurgin 949411 Dennis E. Spurgin Husband Reller-Spurgin 949537 Dennis E. Spurgin Husband ' Resolutions 19720 and Minute Orders 6552 through 6554 were presented; after which, it was moved by Oden, seconded by Reller-Spurgin, and unanimously carried that R19720 and MO6552-6554 be adopted. Council Minutes 01-05-00, Page 11 ADDED STARTERS: (Determine eligibility for consideration) It was moved by Reller-Spurgin, seconded by Oden, and carried by the following vote that items concerning the Palm Springs Film Festival be added for consideration to the agenda. Councilmember Hodges stated that the matter does not meet the requirements to be added to the agenda. AYES: Jones, Oden, Reller-Spurgin and Kleindienst NO: Hodges AS1. PALM SPRINGS INTERNATIONAL FILM FESTIVAL Recommendation: That the Council adopt a Resolution suspending certain regulatory ordinances during the 2000 Palm Springs International Film Festival. Director, Department of Facilities reviewed the staff report and added in answer to questions by Council, that the surrounding neighborhoods hand been informed of the events; that a condition of approval would be added; and that notification of the neighborhood must be by mail. Resolution 19721 suspending certain regulatory ordinances during the 2000 Palm Springs International Film Festival, adding condition of approval was presented; after ' which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried that R19721 be adopted. REPORTS & REQUESTS: CITY COUNCIL reports or requests 14 a) Scheduling of F/Y 2000-01 Budget Calendar February 22, 2000 -Workshop March 28, 2000 -Workshop April 26, 2000- Study Session May 10, 2000- Study Session 14 b) Direction or Appointment of Library Board Member- •Term ends 6-30-01 -Appoint Janice Lyle Direction or Appointment of Parks & Recreation Members -Term ends 6-30-00 - Not filled - Mayor to interview applicant .Term ends 6-30-02-Appoint Grace Jablow Motion to appoint Janice Lyle to the Library Board and Grace Jablow to the Parks & Recreation Commission was presented; after which, it was moved by Kleindienst, seconded by Reller-Spurgin that the appointments be ratified. 14 c) Council Appointees/Liaisons Confirmation-Including appointment of Community , Action Commission alternate. Appoint Fran Toscano-Merritt as alternate to Community Action Commission Appoint Reller-Spurgin as alternate to Sunline Council Minutes 01-05-00, Page 12 ' Motion to appoint Fran Toscano-Merritt as the alternate to the Community Action Commission and Jeanne Reller-Spurgin as alternate to Sunline were presented; after which, it was moved by Kleindienst, seconded by Oden, and unanimously approved that appointments be ratified. RECEIVE AND ORDER FILED 14 d) Agua Caliente Band of Cahuilla Indians letter dated 12-16-99 - Received for filing. 14 e) Redevelopment Agency Project Area Disclosure-James Jones (On file in Office of City Clerk) - Received for filing. PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT There being no further busippgsmayor declared the meeting adjourned. PATRICIA A. SANDERS City Clerk