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CC 07-19-22 (Special Meeting) APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, July 19, 2022 SPECIAL MEETING At 5:30 p.m., Mayor Darcy Paul called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. Vice Mayor Liang Chao and Councilmember Hung Wei attended via teleconference. REPORTS BY COUNCIL AND STAFF 1. Subject: Consider receipt of an update on the Lawrence-Mitty Park project. Recommended Action: Receive an update on the status of the Environmental Summary Report, public outreach process, and joint commission recommendations for the Lawrence-Mitty Park project and provide input. Presenter: Lisa Cameli, Project Manager Written Communications for this item included a staff presentation and emails to Council. Project Manager Lisa Cameli and MIG Project Manager Jan Eisland and Public Outreach Specialist Myrna Ortiz gave a presentation. Mayor Paul opened the public comment period and the following people spoke. Jill Halloran supported consideration for lighting, adding to the tree canopy, the bike trail located further from the creek, and native trees, plants, and grasses. Jennifer Griffin supported the riparian habitat corridor, the bike lane near Lawrence Expressway, low lighting, and addressing safety including adding an emergency phone. City Council Minutes July 19, 2022 Page 2 Rani Fischer supported a plan to minimize lighting for insects and birds, an emphasis on native plants, and locating the bike path away from stream. Lisa Warren supported a park name change, consultant efforts, minimizing lighting, canopy cleanup, a bike path closer to the road, soil testing, and an emergency phone. Susan Moore supported the project, a restroom onsite, and varied wall options. City Clerk Kirsten Squarcia read emails from the following people. - Caitlin Huang supported a fenced in area for off-leash dogs as part of the new park. - Annie Yang, representing Santa Clara Valley Audubon Society, supported native trees and plants, a trail far away from the creek, and no artificial park lighting. Mayor Paul closed the public comment period. Councilmember asked questions and made comments. Council received the update on the status of the Environmental Summary Report, public outreach process, and joint commission recommendations for the Lawrence-Mitty Park project and provided the following input. General areas of interest included: • addressing crime and safety concerns • exploring how to maintain the space • considering operational needs for ongoing site trash management • continuing the conversation on vegetation, including native plantings to support pollinators • paying special attention to the landscaping including native species • considering park design, amenity, and recreational options like bike and skate facilities • providing options for a sound wall or sound attenuation • addressing stormwater runoff • researching examples of amenities and recreational features at other parks • incorporating nature and fitness into overall park design • continuing outreach and seeking neighborhood input • designing for improved accessibility and future access from the north • considering location and operational needs for adding a public restroom • protecting heritage trees • exploring soil mitigation alternatives At 6:38 p.m., Mayor Paul adjourned the Special City Council Meeting. City Council Minutes July 19, 2022 Page 3 ADJOURNMENT REGULAR MEETING At 6:45 p.m., Mayor Paul called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Vice Mayor Liang Chao and Councilmember Hung Wei attended via teleconference. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Consider proclamation of the Parks and Recreation Month Proclamation, July 2022 Recommended Action: Present proclamation for the Parks and Recreation Month, July 2022. Acting Director of Parks and Recreation Rachelle Sander received the proclamation for the Parks and Recreation Month, July 2022. Mayor Paul presented the proclamation for the Parks and Recreation Month, July 2022. POSTPONEMENTS AND ORDERS OF THE DAY Paul moved and Wei seconded to hear Item 28 after 9 p.m. and, if Council reached Item 28 before 9 p.m., the next item will be heard first. The motion carried unanimously. ORAL COMMUNICATIONS Planning Commissioner Muni Madhdhipatla (representing self) opposed foreign buyers of homes in the City and supported a foreign ownership tax. (Submitted written communications). Jennifer Griffin opposed AB 2011 allowing for by-right, ministerial approval for high-density housing on commercial sites and was concerned about potentially contaminated sites. Lisa Warren opposed adding a skate or bike park at Lawrence-Mitty Park and supported City Council Minutes July 19, 2022 Page 4 alternative locations, as well as another cleanup event and continued landscape treatments. Rhoda Fry was concerned about the Cupertino Chamber of Commerce as a lobbying organization and Chamber PAC contributions, as well as at-risk City tax dollars. Humberto Nava, representing Carpenters Union 405, supported labor standards for Cupertino workers, programs to secure work opportunities, and government safety net programs. Brooke Ezzat supported contracts in writing, with deliverables and opposed rumors during elections, including recent posts on Nextdoor and letters about the City Attorney in 2018. Walter Picon, representing Carpenters Union 713, supported ensuring Cupertino workers have labor standards and work protections. Byron Picon Orellana, representing Carpenters Union 713, supported apprenticeship programs and class trainings for Cupertino construction workers. City Clerk Kirsten Squarcia read emails from the following people. - Caitlin Huang supported the election of a resident-focused City Council and various major accomplishments since 2018. - Danessa Techmanski opposed a Cupertino-Sunnyvale League of Women Voters statement about Cupertino’s lobbying ordinance. REPORTS BY COUNCIL AND STAFF 2. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements Council received brief reports on councilmember activities and brief announcements. 3. Subject: Report on Committee assignments Recommended Action: Report on Committee assignments Councilmembers highlighted the activities of their various committees. 4. Subject: Report on Subcommittee assignments Recommended Action: Report on Subcommittee assignments Councilmembers reported on Subcommittee assignments. City Council Minutes July 19, 2022 Page 5 5. Subject: City Manager update Recommended Action: Receive City Manager update on City business Council received the City Manager update on City business. CONSENT CALENDAR (Items 6-24) Willey moved and Moore seconded to approve the items on the Consent Calendar except for Items 15-18 which were pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None. Abstain: None. Absent: None. Moore moved and Willey seconded to postpone Items 15-18 to a future meeting. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None. Abstain: None. Absent: None. 6. Subject: Consider approval of the June 30 City Council minutes Recommended Action: Approve the June 30 City Council minutes 7. Subject: Consider approval of the July 6 City Council minutes Recommended Action: Approve the July 6 City Council minutes 8. Subject: Consider approval of the July 7 City Council minutes Recommended Action: Approve the July 7 City Council minutes 9. Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period July 19, 2022 through August 18, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action: Adopt Resolution No. 22-083 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period July 19, 2022 through August 18, 2022 pursuant to the Brown Act, as amended by AB 361 10. Subject: Consider accepting Accounts Payable for the period ending May 2, 2022 (Continued from June 21, 2022) Recommended Action: Adopt Resolution No. 22-071 accepting Accounts Payable for the period ending May 2, 2022 11. Subject: Consider accepting Accounts Payable for the period ending May 9, 2022 (Continued from June 21, 2022) Recommended Action: Adopt Resolution No. 22-072 accepting Accounts Payable for the period ending May 9, 2022 City Council Minutes July 19, 2022 Page 6 12. Subject: Consider accepting Accounts Payable for the period ending May 16, 2022 (Continued from June 21, 2022) Recommended Action: Adopt Resolution No. 22-073 accepting Accounts Payable for the period ending May 16, 2022 13. Subject: Consider accepting Accounts Payable for the period ending May 23, 2022 (Continued from June 21, 2022) Recommended Action: Adopt Resolution No. 22-074 accepting Accounts Payable for the period ending May 23, 2022 14. Subject: Consider accepting Accounts Payable for the period ending May 31, 2022 (Continued from June 21, 2022) Recommended Action: Adopt Resolution No. 22-075 accepting Accounts Payable for the period ending May 31, 2022 15. Subject: Consider accepting Accounts Payable for the period ending June 6, 2022 Recommended Action: Adopt Resolution No. 22-084 accepting Accounts Payable for the period ending June 6, 2022 Council postponed this item to a future meeting. 16. Subject: Consider accepting Accounts Payable for the period ending June 13, 2022 Recommended Action: Adopt Resolution No. 22-085 accepting Accounts Payable for the period ending June 13, 2022 Council postponed this item to a future meeting. 17. Subject: Consider accepting Accounts Payable for the period ending June 20, 2022 Recommended Action: Adopt Resolution No. 22-086 accepting Accounts Payable for the period ending June 20, 2022 Council postponed this item to a future meeting. 18. Subject: Consider accepting Accounts Payable for the period ending June 27, 2022 Recommended Action: Adopt Resolution No. 22-087 accepting Accounts Payable for the period ending June 27, 2022 Council postponed this item to a future meeting. 19. Subject: Consider the Monthly Treasurer’s Investment Report for May 2022 City Council Minutes July 19, 2022 Page 7 Recommended Action: Review and accept the Monthly Treasurer’s Investment Report for May 2022 20. Subject: Consider the Monthly Treasurer's Report for May 2022 Recommended Action: Review and accept the Monthly Treasurer's Report for May 2022 21. Subject: Consider a Third Amendment to Agreement 149, a Master Agreement between the City of Cupertino and CSG Consultants, Inc. for consultant construction management services for various capital improvement projects. Recommended Action: Authorize the City Manager to execute the Third Amendment to Agreement 149, a Master Agreement between the City of Cupertino and CSG Consultants, Inc., increasing the appropriation by $200,000, for a total appropriation of $938,045 and extending the Term of the Agreement to end on December 31, 2023. 22. Subject: Consider a Master Agreement between the City of Cupertino and HF&H Consultants, LLC, to provide professional services for assisting with the negotiation of a new landfill agreement for the City's garbage, conducting a cost-based review of Recology's rates, conducting a performance evaluation of Recology, and conducting an audit of compostable materials. Recommended Action: Authorize the City Manager to approve a Master Agreement between the City of Cupertino and HF&H Consultants, LLC, in an amount not to exceed $350,000, for the term ending May 30, 2025. 23. Subject: Consider adoption of a Resolution accepting the Annual Report on the FEMA Community Rating System's (CRS) Program for Public Information. Recommended Action: Adopt Resolution No. 22-088 (Attachment A) accepting the Annual Evaluation Report for FY22 (Year 1) of the 2021 Santa Clara County Multi- Jurisdictional Program for Public Information. 24. Subject: Consider authorizing Change Order No. 1 for the Playground Equipment Replacement Project at Creekside Park Tot Lot. Recommended Action: 1. Authorize the City Manager to execute an amendment between the City of Cupertino and Miracle Play Systems, Inc., in the amount of $1,405.29; and 2. Approve an amendment to the contract to increase the maximum compensation by $1,405.29 for a total contract amount of $223,601.25. SECOND READING OF ORDINANCES 25. Subject: Consider conducting the Second Reading of Ordinance No. 22 -2241: "An City Council Minutes July 19, 2022 Page 8 Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission” Recommended Action: Conduct the Second Reading and enact Ordinance No. 22-2241: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission.” Presenter: Rachelle Sander, Assistant Director of Parks and Recreation Mayor Paul opened the public comment period and, seeing no one, closed the public comment period. City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2241: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission.” Moore moved and Wei seconded to: 1. Read Ordinance No. 22-2241 by title only, and that the City Clerk’s reading constitutes the second reading thereof; and 2. Enact Ordinance No. 22-2241. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None. 26. Subject: Consideration of second reading for Municipal Code amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and codify the Economic Development Committee Recommended Action: 1. Conduct the second reading and enact Ordinance No. 22-2240; “An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee" 2. Find that the proposed actions are exempt from CEQA Presenter: Tina Kapoor, Economic Development Manager Mayor Paul opened the public comment period and, seeing no one, closed the public comment period. City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2240; “An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee" City Council Minutes July 19, 2022 Page 9 Moore moved and Willey seconded to: 1. Read Ordinance No. 22-2240 by title only, and that the City Clerk’s reading constitutes the second reading thereof; and 2. Enact Ordinance No. 22-2240; and 3. Find that the proposed actions are exempt from CEQA. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS 27. Subject: Hearing to consider approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs and accompanying budget modification request Recommended Action: 1. Conduct public hearing to consider objections from any property owners listed on the assessment report; 2. Adopt Resolution No. 22-089 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and 3. Approve Budget Modification 2223-221 increasing appropriation by $1,579 in the City Manager Department’s City Clerk’s Division (100-13-133 480-401) Presenter: Kirsten Squarcia, City Clerk Written Communications for this item included a staff presentation. City Clerk Kirsten Squarcia gave a presentation. Mayor Paul opened the public hearing and, seeing no one, closed the public hearing. Councilmember asked questions and made comments. Chao moved and Wei seconded to: 1. Conduct public hearing to consider objections from any property owners listed on the assessment report; 2. Adopt Resolution No. 22-089 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and 3. Approve Budget Modification 2223-221 increasing appropriation by $1,579 in the City Manager Department’s City Clerk’s Division (100-13-133 480-401) The motion carried unanimously. Council recessed from 7:51 p.m. to 7:56 p.m. ORDINANCES AND ACTION ITEMS City Council Minutes July 19, 2022 Page 10 As noted under Postponements and Orders of the Day, Council heard Items 29 and 30 before Item 28. 29. Subject: Consider Proposed Second Amendment to Employment Agreement for the City Attorney Increasing annual salary to $280,000 effective July 20, 2022, Consider Proposed Amendments to the Appointed Employees’ Compensation Program and Related Budget Modifications Recommended Action: 1. Consider adopting Resolution No. 22-092 approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the Agreement; 2. Consider adopting Resolution No. 22-093 amending the Appointed Employees’ Compensation Program; and 3. Consider adopting Resolution No. 22-094 to approve budget modification 2223-225 increasing appropriations in the General Fund, City Attorney budget (100-15-141) by $24,192 for increased salary and benefit costs. Presenter: Dianne Thompson, Acting City Manager Mayor Paul provided an oral summary of the recommended action. Acting City Manager Dianne Thompson reviewed the staff report. Mayor Paul opened the public comment period and, seeing no one, closed the public comment period. Councilmembers made comments. Moore moved and Chao seconded to: 1. Consider adopting Resolution No. 22-092 approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the Agreement; 2. Consider adopting Resolution No. 22-093 amending the Appointed Employees’ Compensation Program; and 3. Consider adopting Resolution No. 22-094 to approve Budget Modification 2223-225 increasing appropriations in the General Fund, City Attorney budget (100-15-141) by $24,192 for increased salary and benefit costs. The motion carried unanimously. 30. Subject: Consider adopting a position on Senate Bill 1338 (Umberg) - The Community Assistance, Recovery, And Empowerment (Care) Court Program Recommended Action: Consider adopting a position on SB 1338 and authorizing the City Council Minutes July 19, 2022 Page 11 Mayor to send letters to the State Legislature regarding the proposed legislation. Presenter: Astrid Robles, Acting Assistant to the City Manager Written Communications for this item included a staff presentation. Acting Assistant to the City Manager Astrid Robles gave a presentation. Mayor Paul opened the public comment period and the following people spoke. Jennifer Griffin was concerned about funding effectiveness, City and County liability, and supported further research. Mayor Paul closed the public comment period. Councilmember asked questions and made comments. Moore moved and Chao seconded for Council to adopt a watch position on SB 1338, as recommended by the Legislative Review Committee. Paul made a friendly amendment to authorize the Mayor to send a letter to Santa Clara County Office of Supportive Housing and the County Board of Supervisors to ask for the position of the County on SB 1338. (Moore and Chao accepted the friendly amendment). Council recessed from 9:13 p.m. to 9:15 p.m. The amended motion carried unanimously. 28. Subject: Consider the appointment of Pamela Wu as City Manager and approval of an At-Will City Manager Employment Agreement; consider Proposed Amendments to the Appointed Employees’ Compensation Program. Recommended Action: 1. Consider adopting Resolution No. 22-090 approving the At- Will City Manager Employment Agreement between the City of Cupertino and Pamela Wu, and authorize the Mayor to execute the contract; and 2.Consider adopting Resolution No. 22-091 amending the Appointed Employees’ Compensation Program. Presenter: Dianne Thompson, Acting City Manager Mayor Paul provided an oral summary of the recommended action. Acting City Manager Dianne Thompson reviewed the staff report. City Council Minutes July 19, 2022 Page 12 Mayor Paul opened the public comment period and the following people spoke. Jennifer Griffin supported the appointment of Pamela Wu as City Manager. Jean Bedord opposed the process taken in selecting a permanent City Manager and hiring a permanent City Manager instead of an Interim City Manager. Mayor Paul closed the public comment period. Pamela Wu was introduced as the applicant for the new permanent City Manager. Councilmembers made comments. Chao moved and Wei seconded to: 1. Consider adopting Resolution No. 22-090 approving the At-Will City Manager Employment Agreement between the City of Cupertino and Pamela Wu, and authorize the Mayor to execute the contract; and 2. Consider adopting Resolution No. 22-091 amending the Appointed Employees’ Compensation Program. The motion carried unanimously. Council recessed from 9:58 p.m. to 9:54 p.m. 31. Subject: Consider the Fiscal Policy Inventory and Gap Analysis Final Report Recommended Action: Receive the Fiscal Policy Inventory and Gap Analysis Final Report Presenter: Thomas Leung, Senior Management Analyst Written Communications for this item included an email to Council. Jean Bedord supported reevaluating the priorities for the internal auditing to address higher risk categories rather than low risk categories. (Submitted written comments). Lisa Warren supported the high-risk categories as being attributed a variety of factors. Moss Adams Consulting Manager Chelsea Ritchie reviewed the project. Mayor Paul opened the public comment period and, seeing no one, closed the public comment period. Councilmember asked questions and made comments. City Council Minutes July 19, 2022 Page 13 Council received the Fiscal Policy Inventory and Gap Analysis Final Report. 32. Subject: Consider the Capital Program Effectiveness Study Final Report Recommended Action: Receive Capital Program Effectiveness Study Final Report Presenter: Thomas Leung, Senior Management Analyst Moss Adams Public Sector Consulting Senior Manager Annie Rose Favreau reviewed the project. Mayor Paul opened the public comment period and, seeing no one, closed the public comment period. Councilmember asked questions and made comments. Council received the Capital Program Effectiveness Study Final Report. 33. Subject: Consider establishing a Fraud, Waste, and Abuse Program and conducting a first reading of an ordinance amending Municipal Code Section 2.88.100 (Audit Committee - Duties-Powers-Responsibilities) Recommended Action: Conduct the first reading of Ordinance No. 22-2243: “An ordinance of the City Council of the City of Cupertino Amending Municipal Code Section 2.88.100: Audit Committee - Duties-Powers-Responsibilities.” Presenter: Thomas Leung, Senior Management Analyst Senior Management Analyst Thomas Leung reviewed the staff report. Mayor Paul opened the public comment period and, seeing no one, closed the public comment period. Councilmember asked questions and made comments. City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2243: “An Ordinance of the City Council of the City of Cupertino Amending Municipal Code Section 2.88.100: Audit Committee - Duties-Powers-Responsibilities”. Moore moved and Willey seconded to: 1. Establish the fraud waste and abuse program; and 2. Read Ordinance No. 22-2243 by title only, and that the City Clerk’s reading constitutes the first reading thereof. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None. City Council Minutes July 19, 2022 Page 14 34. Subject: Consider approving the FY 2022-23 Internal Audit Program Recommended Action: Approve the FY 2022-23 Internal Audit Program Presenter: Thomas Leung, Senior Management Analyst Willey moved and Wei seconded to table this item to a future meeting. The motion carried unanimously. 35. Subject: Consider accepting the Monthly Treasurer's Report Subcommittee's recommendation to include Accounts Payable reports with the monthly Treasurer's Report reviewed by the Audit Committee and accepting staff's recommendation to not include Accounts Receivable reports and checking account statements with the monthly Treasurer's Report Recommended Action: 1. Accept the Monthly Treasurer's Report Subcommittee's recommendation to include Accounts Payable reports with the monthly Treasurer's Report reviewed by the Audit Committee 2, Accept staff's recommendation to not include Accounts Receivable reports and checking account statements with the monthly Treasurer's Report Presenter: Thomas Leung, Senior Management Analyst Senior Management Analyst Thomas Leung reviewed the staff report. Mayor Paul opened the public comment period and, seeing no one, closed the public comment period. Councilmember asked questions and made comments. Moore moved and Chao seconded to: 1. Accept the Monthly Treasurer's Report Subcommittee's recommendation to include Accounts Payable reports with the monthly Treasurer's Report reviewed by the Audit Committee 2, Accept staff's recommendation to not include Accounts Receivable reports and checking account statements with the monthly Treasurer's Report The motion carried unanimously. 36. Subject: Consider selection of Councilmembers to serve on the City Hall Project Subcommittee Recommended Action: Appoint two Councilmembers to serve on the City Hall Project Subcommittee Presenter: Kirsten Squarcia, City Clerk City Council Minutes July 19, 2022 Page 15 City Clerk Kirsten Squarcia reviewed the staff report. Mayor Paul opened the public comment period and, seeing no one, closed the public comment period. Councilmembers asked questions and made comments. Paul moved and Chao seconded to call the question. The motion carried with Wei voting no. Chao moved and Moore seconded to appoint Councilmembers Moore and Willey to serve on the City Hall Project Subcommittee, and to start meeting right away. The motion carried with Wei voting no. ORAL COMMUNICATIONS - CONTINUED (As necessary) – None COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS Council did not hear this item. ADJOURNMENT At 12:03 a.m. on Wednesday, July 20, 2022, Mayor Paul adjourned the Regular City Council Meeting to the next Regular City Council Meeting on Tuesday, August 16, 2022. Kirsten Squarcia City Clerk