Title
Amendment No. One to the Lease Agreement with Ruby’s Diner, Inc. for Use of a Portion of the Balboa Pier Located at 1 Balboa Pier
Recommendation
a) Find this matter is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment;
b) Authorize the City Manager and City Clerk to execute Amendment No. One to Lease Agreement between the City of Newport Beach and Heritage Restaurant Management, Inc. (successor in interest to Ruby’s Diner, Inc.) for use of a portion of the City property known as the Balboa Pier, located at 1 Balboa Pier, in a form substantially similar to the amendment attached to the staff report; and
c) Approve a waiver of City Council Policy F-7, Income and Other Property based on the findings contained in this staff report and the Agreement, that conducting an open bid process or changing the tenant would result in excessive vacancy, and tenant improvement allowances, expenses or rent concessions which would outweigh other financial benefits.