A. Increasing public demand for services has prompted the expansion and installation of new above and below ground facilities offered throughout the City street and public right-of-way system.
B. Increased usage of the public right-of-way has created congestion both above and below ground and created competition for the available space.
C. Congestion in the underground portions of the street right-of-way has created conflicts between the various users in that the first users take the available space leaving little or no room for other users. In some cases, the City is prevented from installing needed expansions to water lines, sewers, or storm drains due to other users taking planned space for their own facilities.
D. Continued use of public right-of-way has caused the degradation of existing pavements and in some cases has been the cause of damage or degradation to recently constructed or rehabilitated pavements, traffic signal loops, and pavement markings.
E. It is the intent of the City of San Bernardino to preserve its right to install expansions to its own systems, protect investments in capital street improvements and prevent overuse of the public right-of-way that would hamper proper maintenance and operations of facilities.
F. Continued excavations and encroachments into the public right-of-way disrupt the traveling public as well as the business operators and pose potential safety hazards unless controlled by permit and properly inspected.
G. A public utility franchise, granted by the State of California or the City of San Bernardino is a contract granting special privileges to use public rights-of-way. It is not intended that this ordinance impose additional rules and regulations upon the public utilities or confer authority to the City that conflicts with rights granted by existing franchise agreements, the State's public utilities code or jurisdiction of the California Public Utilities Commission.