City Council

14.\nAmendment No. One to the Lease Agreement with Ruby’s Diner, Inc. for Use\nof a Portion of the Balboa Pier Located at 1 Balboa Pier\na) Find this matter is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing facilities) of the CEQA Guidelines, California\nCode of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to\nhave a significant effect on the environment;\nb) Authorize the City Manager and City Clerk to execute Amendment No. One to\nLease Agreement between the City of Newport Beach and Heritage Restaurant\nManagement, Inc. (successor in interest to Ruby’s Diner, Inc.) for use of a portion of\nthe City property known as the Balboa Pier, located at 1 Balboa Pier, in a form\nsubstantially similar to the amendment attached to the staff report; and\nc) Approve a waiver of City Council Policy F-7, Income and Other Property based\non the findings contained in this staff report and the Agreement, that conducting an\nopen bid process or changing the tenant would result in excessive vacancy, and\ntenant improvement allowances, expenses or rent concessions which would\noutweigh other financial benefits.\nStaff Report\nAttachment A - Amendment No. One\nAttachment B - Existing Lease Agreement\nAttachment C - Letter from Ruby’s Hospitality Group\nAttachment D - City Council Policy F-7 - Income and Other Property