Agenda


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WALLA WALLA CITY COUNCIL Regular Meeting Agenda September 13, 2023 - 6:30 p.m. Live stream of the meeting may be viewed on the City's website at https://www.wallawallawa.gov/government/city-council. Members of the public also may attend and participate in this regular meeting by using this Zoom meeting link: https://us02web.zoom.us/j/81038111412 or by calling 253-215-8782 and entering meeting ID 810 3811 1412#. Mission: Dedicated to enhancing the quality of life in Walla Walla.


1.			CALL TO ORDER

2.			PLEDGE OF ALLEGIANCE

3.			PRESENTATIONS AND PROCLAMATIONS

	A.	Pgs. 4-5	Proclamation - National Hispanic Heritage Month - September 15 - October 15, 2023	Approved

	B.	Pgs. 6-7	Proclamation - Constitution Week September 17-23, 2023	Approved

	C.	Pgs. 8-9	Proclamation - Veterans Memorial Golf Course 75th Anniversary	Approved

4.			PUBLIC COMMENTS The public may comment at this time on matters of City business. To provide comments virtually, please use the Zoom meeting link, raise your virtual hand, wait to be recognized, and then unmute. If you are calling in, dial 9 to raise your virtual hand, wait to be recognized, and dial 6 to unmute the connection. Public comments may also be provided by emailing the City Clerk at lneissl@wallawallawa.gov If you would like to request staff follow-up regarding your public comments, please email your contact information (email and phone number) to CouncilFollowup@wallawallawa.gov and please summarize the topic of your comment so it can be directed to the correct department.

5.			CONSENT AGENDA

	A.	Pgs. 10-15	Resolution 2023-091: Accepts a grant from the Wildhorse Foundation in the amount of $10,000 for the purchase of security cameras in the parks	Approved

	B.	Pgs. 16-21	Approves the minutes of the 08/21/2023 Work Session and the 08/25/2023 Retreat.	Approved

6.			ACTIVE AGENDA

	A.	Pgs. 22-46	Resolution 2023-092 approving Hub, Ltd. to develop City Tourism Master Plan	Approved

	B.	Pgs. 47-57	Resolution 2023-093 Authorizes the replacement and purchases of 20 fleet vehicles and equipment at a total purchasing cost of $1,872,000 Resolution 2023-094 Authorizes the surplus of all associated vehicles and equipment being replaced.	Approved

	C.	Pgs. 58-72	Resolution 2023-095 Authorizes acquisition of property for right of way.	Approved

	D.	Pgs. 73-139	Resolution 2023-096 Approves PocketiNet request to assign/transfer its franchise rights to LightSpeed Networks, Inc. dba LS Networks	Approved

	E.	Pgs. 140-146	Approves the minutes of the 08/23/2023 Regular Meeting (Councilmember Nakonieczny to abstain).	Approved

	F.	Pgs. 147-179	Approves August 2023 Accounts Payable Register checks number: 23792-23855; 23857-23887; 23889; 24137-24145; 24147-24209; and 593-607 totaling $6,977,252.16	Approved

	G.	Pgs. 180-181	Approves August 2023 Payroll Totaling $2,886,333.85	Approved

7.			COUNCIL MEMBER MEETING REPORTS

8.			UNFINISHED AND NEW BUSINESS

9.			MEETING ENDS

Values: Service, Integrity, Collaboration, Equity, Leadership, and Community

The City of Walla Walla complies with Title VI, ADA, and other applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, religion, veteran status, sexual orientation, gender identity, or sex.


ar-5083		Pgs. 4-5
City Council - Regular Meeting
Meeting Date:	09/13/2023
Submitted For:	Lisa Neissl, Support Services, City Clerk
Add'l Contributors:

Information
ITEM TITLE:
Proclamation - National Hispanic Heritage Month - September 15 - October 15, 2023

Attachments
Proclamation


ar-5089		Pgs. 6-7
City Council - Regular Meeting
Meeting Date:	09/13/2023
Add'l Contributors:

Information
ITEM TITLE:
Proclamation - Constitution Week September 17-23, 2023

Attachments
Proclamation


ar-5090		Pgs. 8-9
City Council - Regular Meeting
Meeting Date:	09/13/2023
Add'l Contributors:

Information
ITEM TITLE:
Proclamation - Veterans Memorial Golf Course 75th Anniversary

Attachments
Proclamation


ar-5114		Pgs. 10-15
City Council - Regular Meeting
Meeting Date:	09/13/2023
Item Title:	Accept grant from Wildhorse Foundation for security cameras in the parks
Submitted For:	Andy Coleman, Parks and Recreation, Parks Administration
Financial Comments: $10,000 grant that will supplement the $50,000 allocated for the purchase of security cameras in multiple City parks.
All Contracts: Not Applicable
Federally funded contracts only: Not Applicable
Construction contracts only: Not Applicable
Brief Summary of Requested Action: Accept grant from the Wildhorse Foundation in the amount of $10,000 for the purchase of security cameras in the parks.

Information
HISTORY:
In 2019, City Council authorized a security camera system to be installed at Washington Park to address regular vandalism that was occurring in the park. Since installation of this security camera system vandalism has significantly decreased at Washington Park. Over the last two years vandalism, including graffiti, has increased in the parks and staff continue to spend countless time and resources to address it. 2023 has been the worst year in recent memory for graffiti around the park system. Given the positive impact a security camera system has had at Washington Park, staff would like to implement them in additional park within the park system. The total cost to implement cameras in all key parks within the system is $125,000. Currently, there is $50,000 budgeted for the purchase of cameras and staff applied to the Wildhorse Foundation for funds to supplement the allocated funding. The Wildhorse Foundation awarded the City $10,000 to assist in funding this project. See attached award letter. Staff will return to City Council in the fall for authorization, as required by City Code, to place cameras in additional parks within the park system.
POLICY ISSUES:
City Council must accept grant awards
PLAN COMPLIANCE:
STRATEGIC PLAN: Safe Community COMPREHENSIVE PLAN: PR Policy 1.9 Evaluate existing parks and facilities to maximize efficient maintenance and operating practices and improve safety and accessibility for all users.
ALTERNATIVES:
City Council could choose not to accept the funding
STAFF RECOMMENDATION:
Approve resolution to accept the grant from the Wildhorse Foundation in the amount of $10,000 for the purchase of security cameras in the parks
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
Res 2023-091
Award Letter


ar-5102		Pgs. 16-21
City Council - Regular Meeting
Meeting Date:	09/13/2023
Submitted For:	Lisa Neissl, Support Services, City Clerk
Add'l Contributors:

Information
ITEM TITLE:
Approves the minutes of the 08/21/2023 Work Session and the 08/25/2023 Retreat.

Attachments
08-21-2023 Minutes
08-25-2023 Minutes


ar-5097		Pgs. 22-46
City Council - Regular Meeting
Meeting Date:	09/13/2023
Item Title:	Resolution approving Consultant to develop City Tourism Master Plan
Submitted For:	Robert Francis, Support Services, Administration
Financial Comments: Estimated total: $120,000 with $50,000 from Visit Walla Walla. Recommended consultant proposal is $90,000.
All Contracts: Not Applicable
Federally funded contracts only: Not Applicable
Construction contracts only: Not Applicable
Brief Summary of Requested Action: Approve proposal to hire consultant (Hub, Ltd.) to develop City Tourism Master Plan.

Information
HISTORY:
The City and Visit Walla Walla (VWW) discussed the need for a Tourism Master Plan. Recently, VWW was the recipient of a state grant for the Rural Tourism Support Program. This program will help develop a regional plan for tourism, but the City needs to also develop a Tourism Master Plan (TMP). Why does the City need a TMP? People come to Walla Walla for our natural beauty, wine, urban energy, great hotels and restaurants, and endless things to do. The City needs to maintain a strong and healthy economy and has dedicated time and resources to tourism which is identified as an important city function in order to maintain a strong and healthy economy. Tourism is a key component of Walla Walla’s economic vitality. For instance, tourism provides jobs, supports new business development, and generates significant revenue from visitor spending. To sustain a vibrant economy with growing competition in the region, the City must continue to focus on visitor acquisition while maintaining the retention of its existing visitor base. The City must draw on its significant assets to attract visitors as it competes within a growing field of competition from key locations across the State and country. This means becoming more strategic and deliberate in tourism initiatives by developing the framework for the future of tourism in City. In order to maximize the benefit while also minimizing the potential negative impacts of tourism, proper planning is vital. What is a tourism master plan? A TMP is a long-term development plan, which could last 10 years or longer. It provides an organized and structured framework for tourism development and promotion within the city. That includes things like planning for accommodations, transportation, tourist activities, legislation and regulation, and marketing and promotion. The LTAC and the City Council can use the Tourism Master Plan to evaluate initiatives and requests related to lodging tax expenditures. The TMP will also guide the long-term, sustainable planning and design of Walla Walla as a tourism destination. The City released a request for proposals on July 14, 2023, with a due date of August 15, 2023. A total of eight proposals were received. After review, the committee unanimously agreed that the proposal submitted by HUB, Ltd. best fit the needs of this project.
POLICY ISSUES:
Economic Development: Business Retention, Expansion & Recruitment to Strengthen and diversify the local economy. Placemaking & City Image: Choose Walla Walla in which to live, work & explore. Build on Walla Walla’s previous economic successes, identify top economic development opportunities, and plan for increasing economic growth and prosperity for Walla Walla
PLAN COMPLIANCE:
STRATEGIC PLAN: Livability: what the City of Walla Walla focuses on to execute the organization’s mission of enhancing the quality of life in Walla Walla. Economic Health: The City’s financial stability through sustainable revenue sources, attracting new businesses and shopping opportunities, and support a strong economy through diverse employment sectors. COMPREHENSIVE PLAN: Land Use Goal 2: LU Policy 2.4 Support the region’s tourism agencies in promoting the region as a welcoming place to live and destination for entertainment, recreation, and tourism Economic Development Goal 3 Walla Walla has an array of sustainable employment choices for all income and age levels, particularly jobs that pay a living wage. ED Policy 3.1 Encourage the development of employment choices with business stakeholders in the community. Economic Development Goal 6 Downtown Walla Walla is full of thriving businesses and is recognized and celebrated as the center of the community. ED Policy 6.1 Retain and recruit businesses in the Central Business District. ED Policy 6.2 Encourage Downtown’s continued revitalization through appropriate development, redevelopment, and rehabilitation. ED Policy 6.3 Incentivize redevelopment of vacated commercial spaces and upper story levels in the Downtown. ED Policy 6.4 Continue the support and encouragement of Tourism based commerce within the Downtown. Economic Development Goal 8 Tourism continues to be an important part of Walla Walla’s economy, including heritage and wine tourism. ED Policy 8.1 Work with local and regional partners to encourage tourism and an increase of commerce within the City of Walla Walla. ED Policy 8.2 Maintain and improve the built environment of sidewalks, parks, paths and other public amenities that visitors will enjoy and utilize.
ALTERNATIVES:
Do not approve the proposal and provide further direction to the City Staff.
STAFF RECOMMENDATION:
Approve resolution to hire consultant to develop City Tourism Master Plan.
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
Res 2023-092
TMP RFP
WW Tourism Master Plan


ar-5098		Pgs. 47-57
City Council - Regular Meeting
Meeting Date:	09/13/2023
Item Title:	2023 Fleet Vehicle / Equipment Purchases & Associated Surplus
Submitted For:	Matt Edwards, Support Services
Financial Comments: Sufficient funding has been set-aside per the replacement schedule and is available within the (518) Vehicle and Equipment Replacement (V/ER) Fund reserve balance to replace and purchase these units. 2023 Approved Budget (51859448_6400) = $2,495,000. 2023 fleet purchasing list includes 27 vehicles and equipment for an estimated total cost not to exceed $2,045,500. 2023 fleet purchasing list reserve balance is $2,078,453. 2023 surplus and disposal list include 24 vehicles and equipment with an estimated used sales revenue (Including trade-in values) of $190,000. Total revenue and funding reserved (Including estimated used sales revenue) for the 2023 fleet purchasing list totals $2,268,453. Requesting Council approval for 20 of the remaining 2023 vehicle/equipment purchases not to exceed a total cost of $1,872,000. Seven (7) of the 2023 fleet purchases have already been initiated or completed because they were under the 50K Council authorization limit. Requesting Council approval for the surplus of 24 vehicles/equipment that are associated with all 2023 replacement program schedule and purchases.
All Contracts: Not Applicable
Federally funded contracts only: Not Applicable
Construction contracts only: Not Applicable
Brief Summary of Requested Action: Authorizes the 2023 fleet replacements and purchases using reserve funding from the Vehicle/Equipment Replacement (V/ER) program fund that has been set aside specifically for these purchases; authorizes the surplus of all associated vehicles and equipment being replaced.

Information
HISTORY:
The City has in place a Vehicle/Equipment Replacement (V/ER) program for the purpose of having a long-range fleet replacement plan to identify long-term spending needs and associated budgetary requirements, but also to manage the fleet based on an evaluation and prioritization process to identify and take advantage of the most economical opportunities within a specific time frame. Ensuring an efficient and effective V/ER program provides all divisions and departments with safe, reliable, economical, and environmentally sound transportation and mission essential equipment in order to provide high-level services and support to the City and Community. This program provides the opportunity to consistently have up-to-date specifications and technology to meet the current mission needs. The 2023 Budget, along with the (518) V/ER fund and program schedule includes: The complete reserve balance for the replacements and purchases of Two (2) New Model Sport Utility Vehicles, Two (2) Half Ton and Compact Pickup Trucks, Three (3) New Model Three-Quarter Ton Trucks, One (1) New Model Hook-lift Truck, One (1) New Model Service Truck, Three (3) New Model Refuse Collection Trucks, Four (4) New Model Utility Task Vehicles, Three (3) New Model Rotary Contour and Reel Mowers, and One (1) New Model Landfill Tarping System. The surplus and disposal of all 24 vehicles and equipment associated with the 2023 budget Fleet Replacement program, which includes Two (2) Sedans, Four (4) Light-Duty Pickup Trucks, One (1) Hook-lift Truck, One (1) Service Truck, Three (3) Refuse Collection Trucks, One (1) 3-Wheeled Police Vehicle, Six (6) Utility Task and Turf Vehicles, Four (4) Mowers, One (1) Scissor Lift, and One (1) Landfill Material Tarping System.
POLICY ISSUES:
This purchase method complies with competitive bidding requirements, RCW 39.34 and the City of Walla Walla purchasing manual.
PLAN COMPLIANCE:
STRATEGIC PLAN: Livability: What the City of Walla Walla focuses on to execute the organization’s mission of enhancing the quality of life in Walla Walla. Economic Health: The City’s financial stability through sustainable revenue sources, attracting new businesses and shopping opportunities, and support a strong economy through diverse employment sectors. Safe Community: Organizational readiness around emergency management, infrastructure stability (maintenance/repair/multimodal), and overall community safety. High Performing Organization: The City will develop a culture of continuous improvement, collaboration with organizations and partners within the community, and well trained and supported workforce. COMPREHENSIVE PLAN: Economic Development Goal 2 Walla Walla has high-quality infrastructure to support economic development. ED Policy 2.1 Provide the infrastructure needed for business and industries to locate in Walla Walla, including utilities, transportation connections, and suitable land capacity. Economic Development Goal 8 Tourism continues to be an important part of Walla Walla’s economy, including heritage and wine tourism. ED Policy 8.2 Maintain and improve the built environment of sidewalks, parks, paths and other public amenities that visitors will enjoy and utilize. Parks and Recreation Goal 1 Walla Walla has a system of quality parks and recreational facilities that enhance the quality of life, develop economic opportunities, and meet the community’s growing needs. PR Policy 1.2 Provide a variety of recreational facilities and opportunities to make recreation more accessible, attainable, and attractive for all ages and abilities of users, and to build a sense of community. PR Policy 1.6 Protect greenspace and provide trail connections to parks, public transportation, and community gathering spaces. PR Policy 1.8 Continue to partner with school systems to develop reciprocal use agreements for school and city facilities to provide active recreation and cultural opportunities. Transportation Goal 1 Promote and develop transportation systems that support and enhance the movement of people and goods to ensure a prosperous economy. TP Policy 1.2 Enhance existing and new crossings for pedestrians and bicyclists where appropriate. Transportation Goal 2 Provide for and improve the safety and security of transportation users and the transportation system. TP Policy 2.1 Improve the efficiency, safety, access, capacity, and reliability of the freight system. TP Policy 2.2 Establish stable and diverse revenue sources to meet transportation investment needs of the City. TP Policy 2.3 Support and enhance access to and from major employment areas, the Walla Walla Regional Airport, and local tourism destinations. Transportation Goal 3 Provide all users with complete streets that connect the City of Walla Walla’s neighborhoods, parks, schools, employment centers, and retail areas. TP Policy 3.1 Implement complete street projects where feasible to improve the transportation experience for all modes of transportation. Capital Facilities and Utilities Goal 1 Walla Walla’s capital facilities and utilities are well maintained and up-to-date to meet the demands of growth and economic development. CFU Policy 1.2 Monitor all public or private water systems; regularly maintain public systems. CFU Policy 1.5 Close public facilities, such as landfills, that are no longer needed in the community, and rehabilitate the land for reuse. Capital Facilities and Utilities Goal 2 Capital facilities and utilities are located in such a way as to provide safe and efficient service to all residents. CFU Policy 2.1 Ensure that City-provided community facilities and services are appropriate for the size and composition of the population they serve. CFU Policy 2.2 Provide utility services to areas of the city and UGA based on the following criteria: New subdivisions must connect to utilities. Proposed new residences within 300 feet of a sewer main must connect to the sewer. A proposed residence must connect to the public water system if the lot does not currently have an approved well. Any new well proposed must follow the Walla Walla Municipal Code. Property within the UGA shall annex prior to receiving city utilities. CFU Policy 2.3 Design and distribute public facilities and services, including streets and utilities, to ensure equitable supply and access to all segments of the population. CFU Policy 2.5 Situate emergency service facilities to maximize ease of access and minimize response time. CFU Policy 2.6 Require underground installation of new utility services and, when economically feasible, encourage conversion of existing overhead system to underground systems. CFU Policy 2.7 Ensure that facilities and infrastructure are designed and located with consideration of their impacts on community character. Capital Facilities and Utilities Goal 4 Conservation of the natural environment and sustainable use of limited, renewable, and non-renewable resources protects and enhances the natural environment of Walla Walla. CFU Policy 4.1 Support recycling of municipal and household waste as part of the City’s commitment to sustainability. CFU Policy 4.2 Maintain and operate the City’s hydroelectric generating facility as a source for renewable energy and revenue for the City; explore other renewable energy opportunities. CFU Policy 4.3 Support energy efficiency by encouraging the use of energy efficient building designs and land use. Capital Facilities and Utilities Goal 5 The sound fiscal management of government services and facilities promotes a transparent and collaborative relationship between government and residents. CFU Policy 5.1 Plan for rehabilitation of the City’s utility infrastructure to ensure safe, reliable, and efficient service. CFU Policy 5.2 Encourage and pursue, whenever feasible, opportunities to share facilities and costs with different public or private agencies/entities. CFU Policy 5.3 Anticipate and control demand for services to ensure that the City can maintain an appropriate level of service within its financial resources while serving new growth.
ALTERNATIVES:
The alternative would be to separate these vehicle and equipment purchasing requests and disperse the list over multiple City Council meeting agendas, which would significantly increase the cost to operate the City fleet due to long lead times and the total acquisition costs of these units due to current inflation and raw material prices, along with the projected decrease in proceeds for surplus and disposition that would be a result of extending the useful life of the fleet past the recommended economic schedule and life expectancies. Recommendation: To mitigate the impact of supply chain delays, extended lead times, and significant cost increases, staff is requesting to propose all scheduled and budgeted 2023 City vehicle and equipment purchases that require Council's approval on one regular City Council meeting agenda.
STAFF RECOMMENDATION:
Staff Recommends adoption of the resolution that authorizes the City Manager to approve the fleet replacements and purchases of 20 vehicles and equipment with a total purchasing cost of $1,872,000, using the established agreements between the City and Washington State Department of Enterprise Services (WA State Contract), Sourcewell, HGACbuy, and Omnia Partners cooperative purchasing program organizations, who all have contracts with suppliers, dealers, and manufacturers that were established through a competitive solicitation process that meets or exceeds the City’s purchasing and procurement requirements. In continued efforts to buy local, any local dealer that has the vehicle and equipment specifications needed will get the opportunity to match or beat contract pricing. Staff also Recommends adoption of the resolution that authorizes the City Manager to approve the surplus of all 24 vehicles and equipment associated with the 2023 budget Fleet Replacement Program and schedule.
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
Res 2023-093
Res 2023-094


ar-5112		Pgs. 58-72
City Council - Regular Meeting
Meeting Date:	09/13/2023
Item Title:	Authorization for Acquisition of Property for Right of Way
Submitted For:	Neal Chavre, Public Works Department, Engineering
Add'l Contributors:	Neal Chavre
Project No: ST2403
Financial Comments: NA
All Contracts: Not Applicable
Federally funded contracts only: Not Applicable
Construction contracts only: Not Applicable
Brief Summary of Requested Action: Approve a resolution authorizing the acquisition of property for right of way.

Information
HISTORY:
Development of the area east of Myra Road, between Electric Avenue and Mill Creek, is outlined in the Myra Subarea Plan (MSP) which was approved by Council in 2009. The MSP envisioned a planned, higher density, mixed-use community. A developer, that owns the majority of property in this area, has worked with city staff to propose a comprehensive development plan consisting of several subdivisions as well as commercial uses to the north. As currently proposed, this development would provide approximately 152 new residential lots as well as multi-family housing. The 2018 comprehensive plan and the MSP show the street system needed to service this area will be accomplished by extending and connecting Futura, Electric, Offner and Avery. The developer has indicated his willingness to construct most of the needed roadways with development, and has deeded the necessary right of way from his properties already. However, additional right of way is still needed from 2 adjacent properties to complete the full road alignments. City involvement in the right of way acquisition is necessary to allow development of this area to proceed.
POLICY ISSUES:
Council authorization is required for any expenditures of $50,000 or more.
PLAN COMPLIANCE:
COMPREHENSIVE PLAN: Economic Development Goal 7 Walla Walla has a thriving retail economy with ample shopping opportunities, and local residents choose to shop in the city. ED Policy 7.2 Work with property owners to develop the Myra Road corridor as a mixed-use urban village that supports both commercial and residential development. Extensions of Electric Avenue (RE-34) and Avery Street (RE-21) are included in the 2018 Comprehensive Plan (excerpt attached). The extension of Futura Road is necessary to connect both Avery and Offner Streets with Myra Road. This action is consistent with the Myra Road Subarea Plan, approved by Council in 2009 (excerpt attached).
ALTERNATIVES:
Council can choose to not pursue the needed property.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution authorizing staff to acquire right of way for Futura Road and Electric Avenue.
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
Res 2023-095
2040 Comp Plan Projects
Myra Subarea Plan


ar-4918		Pgs. 73-139
City Council - Regular Meeting
Meeting Date:	09/13/2023
Item Title:	PocketiNet Consent to Effectuate Change of Control to LightSpeed Networks, Inc. dba LS Networks
Submitted For:	Lisa Neissl, Support Services, City Clerk
Financial Comments: None Identified.
All Contracts: Not Applicable
Federally funded contracts only: Not Applicable
Construction contracts only: Not Applicable
Brief Summary of Requested Action: PocketiNet Consent to Effectuate Change of Control to LightSpeed Networks, Inc. dba LS Networks

Information
HISTORY:
PocketiNet Communications, Inc. (PocketiNet) requests the consent to assign/transfer its franchise rights to LightSpeed Networks, Inc. dba LS Networks (Lightspeed) On August 8, 2018 pursuant to Ordinance 2018-25 the City of Walla Walla granted a non-exclusive franchise to PocketiNet to enter, occupy, and use public ways for constructing, installing, operating, maintaining, repairing, and removing wireline and small cell facilities necessary to provide telecommunications services and personal wireless services. The term was for a period of ten (10) years from the effective date. The applicants, PocketiNet and Lightspeed, represent that in late 2022, Lightspeed through its LLC purchased 24% of the issued shares in PocketiNet, and intends to purchase the remaining shares in PocketiNet once Lightspeed receives the necessary federal approvals. Lightspeed has been working with PocketInet to expand Lightspeed's fiber optic network, within the City, to the benefit of local citizens. Lightspeed further represents the following in its attached application materials: The alignment of values and mission is what brought Lightspeed Networks and PocketiNet together – to bring better connectivity to underserved areas in eastern Washington and the Pacific Northwest. The acquisition will allow for more coverage, expanded resources and a continued best-in-class local customer service that will effectively serve the businesses and residential customers in the Walla Walla area and beyond in the Columbia Basin areas of S.E. Washington. With the transfer of the franchise agreement, we will further enhance the quality of service by upgrading the local plant and network to multi-gigabit connectivity and adding value-added services such as home phone, whole-home managed Wi-Fi, network security, home security, parental controls, anti-cyberbullying services, and more. Not only will we retain existing local employees to service the local customers, but we will create additional jobs in Walla Walla as we grow in the surrounding communities. Lightspeed Networks intends to expand the fiber-based Gigabit speed internet to more areas of Walla Walla and the surrounding communities where there are no existing fiber-based service providers. PocketiNet’s ideals and community involvement will continue under Lightspeed Networks in service to this community. We understand the importance of staying connected in today's digital landscape. Our innovative fiber technology opens the door to endless possibilities, delivering lightning-fast speeds and unwavering reliability. Section 25 of the franchise provides a method whereby a franchisee may assign/transfer its franchise rights, privileges and authority under the franchise which provides: Section 25 Assignment or Transfer. Franchisee's rights, privileges, and authority under this franchise, and ownership or working control of facilities constructed or installed pursuant to this franchise, may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of franchisee, by operation of law or otherwise, except as provided herein, or without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. Any transfer, assignment or disposal of franchisee's rights, privileges, and authority under this franchise, or ownership or working control of facilities constructed or installed pursuant to this franchise, may be subject to reasonable conditions as may be prescribed by the City. A. No rights, privileges, or authority under this franchise shall be assigned, transferred, or disposed of in any manner within twelve 12 months after the effective date of this franchise. B. Absent extraordinary and unforeseeable circumstances, no facility shall be assigned, transferred, or disposed of before construction of the facility has been completed and restoration has been performed to the satisfaction of the City. C. Franchisee and the proposed assignee or transferee shall provide and certify the following information to the City not less than one hundred and fifty ( 150) days prior to the proposed date of assignment, transfer, or disposal: 1. Complete information setting forth the nature, terms and condition of the proposed assignment, transfer, or disposal; 2. Any other information reasonably required by the City; and 3. A transfer application fee in an amount to be determined by the City to recover actual administrative costs directly related to receiving and approving the proposed assignment, transfer, or disposal. D. No assignment, transfer, or disposal may be made or shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to operate, maintain, repair, and remove facilities constructed or installed pursuant to this franchise and to comply with the terms and conditions of this franchise. E. Any transfer, assignment, or disposal of rights, privileges, and authority under this franchise or ownership or working control of facilities constructed or installed pursuant to this franchise, without prior written approval of the City pursuant to this section shall be void and is cause for termination of this franchise. F. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working control of the franchisee, of the ownership or working control of affiliated entities having ownership or working control of franchisee, or of control of the telecommunications capacity or bandwidth of franchisee, shall be considered an assignment or transfer requiring City approval. Transactions between affiliated entities are not exempt from City approval. A franchisee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of franchisee. Every change, transfer, or acquisition of control of a franchisee shall cause a review of the proposed transfer. City approval shall not be required for mortgaging purposes or if said transfer is from franchisee to another person controlled by franchisee. G. All terms and conditions of this franchise shall be binding upon all successors and assigns of franchisee and all persons who obtain ownership or working control of any facility constructed or installed pursuant to this franchise. Engineering Staff reached out to 8 different cities for input on their experiences working with Lighstpeed, including Kelso, Prosser, Centralia, Chehalis, Selah, Richland, Longview, and Union Gap . These jurisdictions were asked questions regarding Lightspeed's performance on projects in the right of way, their responsiveness to problems, and any concerns the agency may have. The overall feedback was positive. Engineering staff did not receive any input that would lead to recommend denying the request to transfer PocketiNet’s franchise to Lightspeed.
PLAN COMPLIANCE:
COMPREHENSIVE PLAN: Economic Development Goal 2 Walla Walla has high-quality infrastructure to support economic development. CFU Policy 1.4 Ensure that telecommunications services are provided at a level that enables residents and businesses to compete in the global marketplace while minimizing negative impacts on the aesthetic character of the community. CFU Policy 2.6 Require underground installation of new utility services and, when economically feasible, encourage conversion of existing overhead system to underground systems. CFU Policy 2.7 Ensure that facilities and infrastructure are designed and located with consideration of their impacts on community character.
ALTERNATIVES:
The franchise, allows for the assignment/transfer of franchise rights, and states that such consent to assign/transfer must not be unreasonably withheld. The City Council may chose to consent to the assignment/transfer of the franchise but it must have compelling and reasonable reasons to withhold that consent.
STAFF RECOMMENDATION:
Staff recommends approval of the consent to Assignment/Transfer the PocketiNet franchise rights to LightSpeed Networks, Inc. dba LS Networks.
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
Res 2023-096
Request Notification Letter
Lightspeed Consent to Transfer Application Materials
Franchise Ordinance 2018-25