HomeMy WebLinkAbout1980-02-19; City Council; Resolution 60911
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1. That this certain agreement between the City of Carlsbac
and DAON Southwest for the payment of consultant costs incurred
from the provision of an Environmental Impact Report for the
Rancho Carillo Master Plan Revision, a copy of which is attached
hereto marked Exhibit "BB" and made a part hereof, is hereby
approved.
2. That the Mayor of the City of Carlsbad is hereby autho-
rized and directed to execute said agreement for and on behalf of
the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California held on the
19th day of February , 19&, by the following vote, to-wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None
RESOLUTION NO. 6091
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND DAON SOUTHWEST FOR THE PAYMENT OF CON-
SULTANT COSTS INCURRED FROM THE PROVISION
OF AN ENVIRONMENTAL IMPACT REPORT ON THE
RANCHO CARILLO MASTER PLAN REVISION
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
ATTEST :
2 lgd-- UETHA L RAUTENKRANZ, City Cler
(SEAL)
ZXMIBIT B
1. .. Of
AGREEMENT
THIS AGREEMENT is made this day of I
, between the CITY OF CARLSBAD, a municipal corporation pxr 19
of the State of California, hereinafter referred to as CITY,
and DAON Southwest hereinafter by
p
L 'r* 5,
referrec? to as APPLICANT.
RECITALS :
WHEREAS, the Applicant has filed with the City a request
for approval of a proposed project identified as Rancho
Carillo Master Plan Revision I
and I ..
WHEREAS, the City has determined that said project could have
a significant impact on the environment and that an Environmental
Impact Report must be prepared prior to consideration of the project;
and
WHEREAS, the City has determined that it must engage the
services of a qualified consultant to perform the necessary work
in the preparation of an Environmental Impact Report for the
proposed project;
NOW, THEREFORE , in consideration of the covenants and
conditions hereinafter contained, it is agreed as follows:
1. The City will engage
Associates, Inc. r
hereinafter referred to as the "Consultant" to perform
EXHIBIT BB
the necessary work in the preparation of an Environmental
Impact Report for that area more particularly depicted
upon a s'ite map attached hereto marked Exhibit "A"
and incorporated herein by reference.
It is understood that preparation of the Environmental
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2.
Impact Report shall conform to the Proposal attached '
1 .hereto as Exhibit "3", and may require:
' (a) Field exploration, review and tests;
(b) Laboratory tests and analysis;
(c) Written reports; and
(d) Such other data as nay be necessary to properly
evaluate the impact of'tkie proposed project on the
environment. ..
3. It is understood that the City will direct the Consultant
to determine at the earliest time those factors which
could severely inhibit or prohibit the proposed project;
that the City will advise the Applicant of the Consultant's
conclusion for the purpose of determining the feasibility
of continuing with preparation of the Environmental
Impact Report.
The Applicant shall. pay to the City the actual cost
incurred by the Consultant in preparing said report;
that such costs shall be based on the costs set forth
in Exhibit "B".
Of $15,840.00
4.
The Applicant has advanced the sum
as payment on account for the cost
2.
of preparing said report; that in the event it appears,
as the work progresses, that said sum will not be
sufficient, the City will notify the Applicant.
No further work will be performed by the Consultant
incurring an obligation beyond the aniount advanced
without an appropriate amendment to this Agreement.
If the actual cost of preparing the report is less
than Applicant’s advance, any surplus will be refunded
to Applicant by City.
- 5. The Applicant shall further pay to the City the
actual cost incurred by the City in the processing,
review, preparation of comments, or other work performed
in connection with the Report. The Applicant has
advanced the amount of $200.00 as payment for said
services and agrees that if the actual cost incurred
by the City exceeds the amount of the deposit he
will, after receipt of City invoice, proxptly remit
to the City such additional aniount. If the actual
cost incurred by the City is less than the amount of
the paynent by the Applicant,.the City will promptly
refund such surplus funds to the Applicant.
6. It is understood that the Consultant shall be an
B
independent contractor of the City; that the Applicant
agrees to permit the Consultant to enter upon his
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property and to perform all work thereon as the
Consultant deems necessary to complete the Environ-
mental Impact Report. It is agreed that the Applicant
at no time will interfere with the Consultant in the
performance of such work or attempt to influence
such Consultant during the course of his investi-
gation and report.
7. It is understood that the City will attempt
the Environmental Impact Repork to Planning
to bring
Commission
hearing not later than July 10 , 19 80 .
IN WITNESS WI-IEREOF, the parties hereto have executed this
agreement on the day and year first above written.
CITY OF CARLSBAD, a MuAicipal
Corporation of the State of
California
ATTEST :
. ‘RONALD C. PACKARD, Mayor
APPROVED AS TO FORM:
City Attorney w’
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U 500 newport center drive, suite 525 newport beach, caiifornia 92660 phone (714 640-6363
D 2927 newbury street, suite c
berkeley, California 94703 phone (41 5) 841-6840
LARRY SEEMAN ASSOCIATES, INC-
PROPOSAL
ENVIRONMENTAL IMPACT REPORT RANCHO CAER 1 LLO
REVISED MASTER PLAN
PREPARED BY
LARRY SEEMAN ASSOCIATES, INC. 500 NEWPORT CENTER DRIVE, SUITE 525 NEWPORT BEACH, CA 92660 (71 4) 640-6363
JANUARY 4, 1980
EXH I I3 IT "B"
PROPOSAL ENVIRONMENTAL IMPACT REPORT RAhCt10 CARRILLO RE~~E~ASTER PLAN -
Larry Seeman Associates (LSA) is pleaied to submit this proposal for the preparation of an Environmental Impact Report 'For the implementation of the Revised Rancho Carri'llo Master Plan. Our proposal is based on discussions with the City staff and our knowledge of the area. The following scope of services reflects a level of effort which, in our opinion, will result in a complete and objective environmental analysis in a' format which will meet all
of the requirements of the City of Carlsbad and'th'e California Environmental Quality Act.
experience in preparing EIR's for similar projects throughout California, In addition, all of the key members of the study team are personally .fami!iar with the City of Carlsbad.
STUDY,PLAN/SCOPE OF SERVICES
LSA is a highly respected environmental consulting firm with extensive
General, We propose to prepare a preliminary draft, a draft, and a final
The draft
EIR for the proposed development.
normally addressed in such documents and will include all of the information required by applicable local and state environmental requirements. and final EIR shall include a summary of impacts section highlighting and
abstracting the project description, impacts .) and mi tigatjon measures. The report will cover the full range of potencial environmental issues, but will focus on those issues which are considered to be the most significant. The fol 'lowing tabulation ref7 ects our prel.iminat-y assessment of the reJative sen- sitivity of the various issues to be dddressed. Our assessment of the sig- ficiance of individual topics may change during the course of the study.
The EIR wil? address all of the issues
Potential Significance
.. Topic
Topography Soil's and Geology Hydrology and Nater Quality Biological Resources Air Qual i ty
High Moderate
X
X x.
X
X
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Po-tent-ial Si gni ficance
' Topic
Land Use Traffic and Circulation Nsi se
Uti 1 i ti es Services Archaeology Energy Agri zul ture
High Moderate
X x
X
X u_
X
x
X x
For the issues identified as !'high", we propose rather extensive analysis, For those issues identified as "moderate", we propose a thorough review of existing data including fieldwork as necessary. cance of potential impacts will be evaluated and necessary mitigation measures forrriul a ted.
In a77 cases, the signifi-
The project alternatives section shall address a range of land use altern-
inti ves and asses the di.fferenti.al environmental cQnsequences focusing Oil im- pacts and issues which are most significant.
- - Topography, Using topographic maps to be provided by the applicant and field visits, the topography of the site will be analyzed and described. impacts on the landform of the proposed project will 6e analyzed on the basis of the conceptual grading plan. on the landform will be proposed as necessary.
The
Mitigation measures designed to minimize impacts
Geology/Soils. We will review and assess previously prepared studies of the area. A summary of the findings, conclusions, and recommendatims of the geology/soils report prepared by Geosoils, Inc. for the project applicant will be included, focusing on constraints or hazards which could affect the pro- posed development, significant rock outcroppings, and the imp1 iLations of the proposed landform modifications on existing slopes.
Hydrology/Water Quality. We will assess the hydrologic and water quality
While the site itself is not within a flood plain, any
In addition, si1 tation and erosion pose significant problems
impacts of the proposed project with particular emphasis on the impacts of runoff and siltation.
increase in runoff from the site will contribute to the potential flood
hazard downstream.
and erosion control plans in conjunction with the conceptual grading plans,
' downstream from the site.
, to calculate the potential increase in runoff and will review the drainage LSA will consult with the project engineer in order
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Biological Resources, Exjsting information on biological resources will be reviewed, summarized, and evaluated. Because of previous studies, a com-
p? ete biotic i nveritory and survey is not required. attention Kill be given to potential project impacts on any identified areas
of riparia.n vegetation and other significant biological resources as well as any identified rare or endangered species.
Air Quality. Me will perform an air quality analysis of the proposed project. the AOMD and will include a discussion of both the regional and localized
However, particular
This analysis will be done in accordance with the requirements of
imp1 ications of the project.
Land Use. The proposed project will be analyzed
City's General Plan, Zoning Ordinance, and all other policies. Potential impacts of the proposed project or on Sand use planning efforts in the immediate vic and mitigation measures proposed.
with respect to the applicable laws and on overall City policy nity will be identified
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Traffic and Circulation. A71 existing traffic iqformation in the vicinitv will be reviewed. A summary of the findinqs, conclusions, and reco- mmenda6ons of the traffic report bejng prepared fo; the applicant by Weston
. Pringle will be included.
Noise. A noise analysis will be conducted to assess potential noise
- problems in the vicinity. Traffic and aircraft related noise impacts on ' developments within the project area will be quantified. Activities at . the nearby raceway will be reviewed to identify potential problems. Miti- gation measures will be proposed as necessary.
Utilities and Services. All departments and agencies which will be providi ng uti 1 i ties and services to the proposgd development wi 1 ? be contacted to determine the capacity and adequacy of existing systems and to -idzntify potential deficiencies, improvements or expansions which would be required.
A summary and awlysis of the results of pertinent studies, including the recent Master Plan of sewage treatment facilities, addressing issues of utilities and services will be included. Particular emphasis will be placed on water, sewer, police, fire and schools.
Archaeological /Pal eontol ogical /Historical Resources. A7 7 previous studies will be reviewed. conducted by Recon, and the subsequent review conducted by WESTEC Services wi 11 be prepared.
programs and potential a1 ternate energy sources will be prepared.
measures wi 11 be recommended as necessary.
A summary of the original archaeological study
Energy. A complete analysis of energy consumption, proposed conservation Mi tigation
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Agriculture, A summary of the agr-icul tural fcasi bil i ty study currently being prepared for the applicant will be prepared.
CostJRevenue Analysis, The City of Carlsbad will contract separately for the preparation of a fiscal and ~conomic impact analysis. A summary of the findings conclusions and recofimendations of that report will be integrated into the EIR.
1 c SCHEDULE
LSA is prepared to proceed with this project immediately upon authorization and receipt of the revised Master Plan, and a71 project plans and studfes. Assuming that iniormatfon, plans, etc. are available promptly from the appfi- cant, we will be able to complete a prell’minary draft for City revfew within six weeks. During this period we will carefully coordinate the study with the City sta.ff so that the preliminary draft is as complete and accurate as possible. Notice of Preparation. Ne will also assist the City staff in preparing and filing the
Following receipt of review comments on the preliminary draft from the City, w2 will be able to submit fifty copies of the fQma1 Draft EIR within three weeks.
the final EIR will be prepared promptly. Follow-up meetings and public hearings will be attended as required, and
QUAL I FICATIONS AND EXPERIENCE
LSA is a highly respected environmental consulting firm with extensive experience throughout the state. The firm was founded in 1973 and currently has 18 full-time employees plus numerous consul-ting associates in offices
located in Berkeley and Newport Beach, California. tions explaining our range of consulting services and previous experience is on file with the City of Carlsbad,
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A Statement of Qualifica-
LSA has been involved in numerous studies of large scale residential devel opments . Some typical exampl es i ncl ude:
Westgate Village, Irvine Village of Turtle Rock, Irvine Village of Woodbridge, Irvine
Carmel Val 1 ey P1 an, Monterey Del Monte Forest Area Plan, Monterey Rancho Matilija, Ventura
Bixby Ranch, Santa Barbara
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In addition to the high level of corporate experience, the individual staff members who will be responsible for this study also have extensive experience. Mr. William Foley, AZCP, Vice President and Principal-in- Charge of the Nelwport Beach offtce has ten years of public and private planning experience, He has served as Environmental Coordinator for the City of Nekport Beach and as Director of Planning for a major consulting firm. He has directed and participated in the preparation of numerous
EIR's including a previous study in the City of Carfsbad. Ms. Annette Sanchez will serve as project manager.
similar projects and has worked in the City of Carisbad.
Resumes of all key personnel are attached.
Sf-& also has experience with
REFERENCES ..
The following clients are familjar with LSA and with the individual staff members assigned to this study:
Ray Hetherington City of Irvine (714) 754-3784
Fred Tal ari co City of Newport Beach (714) 640-2197 Keith Greer The I;*vine Company (714) 644-3132
. Marlene Roth City of Laguna Beach (714) 497-3311 J im Taylor Urban Assist, Inc, (774) 640-7882
PROJECT BUDGET
LSA will cozplete the study described in this proposal on a time and
materials Oasis for a maximum fee of $74,460, services : Q
This fee includes the fo'i1owi:ng
Project manageinent $ 1,200
existing studies 7,440
Printing (60 copies) 900"
LSA in-house analysis 6,620 Review and Summarization of
Report production and graphics 740
Travel and Expenses 180
Draft ELR subtotal $11,080
*The fees shown for printing and preparation of the Final EIR are estimates based on our past experience. If the project runs smoothly these could be reduced. On the other hand, if unexpected complications arise the contract may, by mutual consent, need to be expanded.
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Draft EIR subtotal (carried-forward) .$II,Q%O
Responses to comments . $1 ,GO* , Printing (50 copies of suppl emental
information) 600”
Final EIR Subtotal 2 260
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Hearings (Up to four hearings) 1,120
To tal $14,469
These fees are based on the attached schedule of fees and subject to the
attached standard contract provisions.
AVAILABLE INFORXATIOM
LSA recognizes that the project proponents have conducted several studies -relating to this site, and that additional strdies are currently underplay. LSA proposes to review these studies and to incorporate information from thein into the EIR, In preparing this proposal, we have assumed that ail of the studies listed in the RFP will be available and will meet the requirements of
the City. If additional work is required, LSA will inform the City, and wilt,
if requested, submit supplemental proposals.
STATEMENT OF OFFER
.. This proposal consti
and conditions described
days. Tbe person who is to this contract .is:
tiites a firm offer to perform the work under the terms herein. This offer shall be valid for sixty (GO} authorized to enter into and negotiate amendments
William R. Foley, AICP Vice President Larry Seeman Associates, Inc. 500 Newport Center. Drive Suite 525 Newport Beach, CA 92660 (77 4) 640-6363
AlaJ WILLIAM R. FOWAICP
Vice President,
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LARRY SEE!lAl\! ASSOCIATES ENVIRONTENTAL --- PLAN?I 1NG CO!’jSULTANTS
SCHEDULE OF STANDARD CONTR4CT PRO\,ISIONS
FEES FOR PROFESSIONAL SERVICES
Fixed Fee Contracts. The professional services described in the Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the- Compensation and Terms section of the proposal. All other professional services are considered Extra Serilices and shall be treated as described in a subsequent section of this attachgent. ..
Hourly Contracts. The professional services described in the Scope of Services section of this proposal shall be provided on a time basis at the following rates: Principal $;“:0.00 /hour, Senior Project Planagers, $32 .OC/bour ; Project Managers, $30 .OO/hour ; Professi onal Staff ., $20.00- $30.@0/hour; Graphics, $15.00/hour; and Clerical, .$15.00/hour. All other professional services are considered Extra Services and will be treated as described in a subsequent section of this attachment.
Out-of-pocket expenses shalT be reimbursed at cost and are not included in the hourly fee for professional services. expenses include, but are not limited to, costs of 1) reproduction of reports and graphics furnished or prepared in connection with the work
of the contract, 2) long distance telephone and telegraph charges, 3) .laboratory services, 4) automobile trav“e1 at $0.20 per mile, 5) other travel , subsistence, vehicle rental and lodging in connectiun with the work of the contract, and 6) fees of specialized consultants retained
with the approval of the client.
Out-of-pocket
The total estimated amount of time and expenses noted in the Compensation and Terms section of this proposal will serve as a control on the services to be provided. not be exceeded without prior approval of the client. The specified amount will
Extra Services. Extra Services shall be provided on a time plus expenses basis at th,e sane rates specified for hourly contracts unless other arrangements are inade in advance.
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FREQUENCY OF BILLING
ricnthly invoices shall be submitted for progress payment based
Out-of-pocket expenses shall be billed on work conpleted to date. on the same monthly invoice and shall be -identified as a separate
1 item.
PAY f.1ENT OF ACCOUNTS
Accounts are due and payable upon receipt of invoice.
charge of 1 percent (1%) of invoice (12% annual rate) may be applied to all accounts not paid within 30 days of invoice date.
A service
TERYINATION OF SERVICES ..
These services may be terminated upon 10 days written notice for In this event, payment for all services good reason by either party. and expenses incurred prior to the date of termination shall be due
and payable upon receipt of final invoice in accordance with the provision of the foregoing section.
. REVOCATION
Viis proposal shall be considered revoked if acceptance is not received within 9.0 days of the date hereof,
ARB IT RAT I ON
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be tettled by arbitration in
San Rafael, California, in accordance with the rules of the Rwerican Arbi trati cn Associ ati on, and judgment upon the award rendered by the arbi trators may be entered in any. court havi ng juri sdi cti on thereof.
SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this agreement shall be
binding upon the client and its successors and assigns and upon Larry Seeman Associates its successors and assigns. assign nor transfer its interest in this agreement or any part thereof
without the written consent of the other party.
Neither party shall
CAilRY SEEMAN ASSOCIATES
WILLIAM FOLEY, AICP
VICC PRESIDEIU
I_ SUMMARY OF QlJ~mTmTE-%D -- EXPERIErlCE
EDUCATION
California State University, San giego, Bachelor of Arts in Polit- ical Science, San Diego, CA, 7967.
PROFESSIONAL EXPERIENCE
Vi ce Pres-i dent, Larry Seervan Associates, mental consultants providing consultant property owners, and developers, Ney/port present.
Inc., planning and environ- . services to pub1 ic agencies,
Beach and Berkeley, CA, 1979-
Director of Planning, WESTEC Services mtss San Diego arid Tustin, &A, 1977-1979.
Principal Planner, City of .Newport Beach, Ne:./port Beach, CA, 1969- 1977.
Inc. , environmental consult-
ted States Peace Corps, Sierra Leone, Africa, 1967-7969.
Planning Aide, City of El Cajon, El Cajon, CA, 1968-1969.
PRIPlCIPAL P2CFESSIONAL - RESPONSIBILXTIES 4
In the public sectw, exercised general administrative responsi-
bil i ti es and participated in both current and advance pl ann-i ng functions. Participated in the preparation of major elements of . the General Plan, specific area plans, and Local Coastal Program. Prepared major ordinance revisions.
several citi zens ' cor" ttees. Responsi ble for review and recom- .
mendations an major development proposals, including large planned residential communities and regional commercia? and office coniplex- es. Responsible for implcinentation of CEQA. Served on technical advisory committees for Upper Newport Bay Reserve and the. NINA 208
Planning Program.
In the private sector, served as principal -i n-charge or project
manager on nurnerous planning and environmental studies. Served as consultant for Local Coastal Programs for tuo public agencies.
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Served as staff liaison to
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Responsible for providing government coordination. constraint studies for pri vat2 developers - cations
Prepared design Processed permit appl i -
PROFESSIONAL !4EMBEP,SF;I PS
Member, Arnerican Planning Associction Member, American Institute of Certified PI anners
Member, Associ ation of Envi ronmental Professional s
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ANNETTE SANCHEZ
EDUCATION
University of Ca? a’fornia, Irvine, Maker of Sciences in Administration, Irvincn, CA, March 7980.
University of Czlifornia, Iruine, Bachelor of Arts in Social Ecology, Irvice, CA, 1977.
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, PROFESSb04iAL EXPEiIENCE
Env.iromenta1 anzlyst, Larry Seeman Associates, Inc., envlrorimental plan- - ning consultants, dewport Beach, CA, 7 979-present.
Plaming intern, City of Irvine Community Development Dqxrbent, Irvine,’ CA, 1978-1 979.
Research Essistant, Gradirate School of AdKinistration, Un
Sfornia, - -- Icrvine, CA, -_- 7978 . ..
PRINCIPAL PRO FESS IONAL RESPOMS IBI LI TI ES -
Projxt mnager for and contr-i butor -to numerous environmental impact re- ports, environmental assessments, and land use studies. Responsibilities
irtclud? pmject organization, c3ordination and editing of technical staff Tnpui, coordination and review of subcontractors’ work, and pub1 ic presen- tat f ons .
PRO FES 3 I 0 N A L ME M B E RS tt I P S
American Society for Pub7 ic Adniinistration.
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L, Cl 500 newport center drive, suite 525
newport beach, california 92680
phone (7 14) 640-6363
0 2927 ncwbury street, suite c
berkeley, california 94703
phone (4151 841-6840
LARRY SEEl ASSOCIATES, INC.
January 14, 1980
\ Ms Joyce Crosthwai the PI anni ng Decartmerit
City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
SUSJECT: RANCHO CARRILLO
Dear Joyce:
sur wi 7 on
This is to confirm our conversation concerning the need for a biological vey in conjunction with the preparation of the EIR for this project,,. LSA 1 conduct a thorough field survey of the site and include a complete' section
biological resources in the report. The section will include a species
list, the identification of rare or endangered species, the identification of
significant biological resources, the analysis of potential impacts of the project and the formulation of any necessary mi ti gation measures.
The add-jtional fee for this work would be $1,400.00, In all other respects, our proposal dated January 4, 1980, is still valid. this opportunity to provide additional information. please contact me.
Me appyeciate If you have any questions
Q Sincerely ,
LARRY SEEMAN ASSOCIATES, INC.
Vice President
WRF: hf