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SAN DIEGO (KGTV) — A judge has issued a temporary restraining order against the City of San Diego, barring them from removing pepper trees in Kensington.The trees are more than 100 years old, planted when the neighborhood was first marketed as a housing development in the early 1910s. While the neighborhood was once filled with them, resident Maggie McCann estimates there are only about 33 left.“I think they are pretty looking,” said McCann. “They’re part of the fabric of the neighborhood.”McCann was one of the residents who filed the TRO against the city. She said she has been working for more than a year to designate the remaining pepper trees as “Heritage Trees” and “Parkway Resource Trees” under the City’s Conserve-a-Tree program.When she heard a pepper tree on the 4500 block of Edgeware Road had been cut down on Monday, she rushed to process the TRO.“We don’t know why these trees are being cut down,” said McCann.McCann suggested it may be related to a plan to bury SDGE utility lines in the neighborhood, but the City of San Diego denies that claim.In a statement to 10News, a city spokesperson said the tree that was cut down Monday had been “evaluated more than a year ago as part of a project to repair a damaged and uneven sidewalk caused by the tree’s growth. Noticeable decay and deteriorating tree structure were also observed during the evaluation and the adjacent property owner was notified at that time.”On Tuesday, the remnants of the trunk remained on Edgeware Rd. Decay could be seen in the interior part of the tree, though much of the large trunk appeared to be healthy.“The tree really didn’t need to be removed,” argued McCann.But the city said their decision was more about damage to the sidewalk than whether the tree could have survived a few more decades.“In this instance, the imperative to make the sidewalk safer for residents was weighed against the city’s desire to preserve neighborhood trees and continue to grow our urban canopy. Due to the tree’s damaging impact to the adjacent sidewalk and its decaying state, the decision was made to remove it in order to preserve public safety,” wrote the city spokesperson.A resident on the block said the sidewalk had been recently replaced. The new pavement had been cut around the tree and was undamaged.Several other pepper trees in Kensington have been marked for removal. On Tuesday, McCann walked the streets, posting copies of the TRO on the trees.The fate of those trees remains unknown. A city spokesperson said, “the city looks forward to working with the community and Council office on this matter.” A court hearing on the TRO is scheduled for Feb. 7. 2661

SAN DIEGO (KGTV) — A San Diego judge said Thursday that his recent ruling protecting two strip clubs from California's stay-at-home order extends to all county restaurants.San Diego Superior Court Judge Joel R. Wohlfeil said Wednesday that strip clubs and "San Diego County businesses with restaurant service” cannot get a cease-and-desist order. Thursday, he reiterated his ruling, saying that it applies to all restaurants in the county, not just the strip clubs in question. "The court’s intention is that all businesses which provide restaurant service — meaning all restaurants in the County of San Diego — are encompassed in the scope of the court’s order. It’s not limited to plaintiffs who also provide restaurant service, but it is intended to encompass all restaurants within the County of San Diego,” said Judge Wohlfeil.RELATED COVERAGE:Not all San Diego restaurants will reopen, despite court orderSan Diego restaurants ready to reopen for indoor and outdoor dining after judge's rulingCounty suspending COVID-19 restaurant closure enforcement following court rulingIn response, County Supervisor Nathan Fletcher said the ruling does not change the trends around COVID-19's spread throughout the county and state."The judge's ruling does not negate the fact cases continue to rise, ICU capacity is at a breaking point and deaths keep growing. We must take action to slow the spread," a statement from Fletcher said.The county and state are expected to file an appeal. The Board of Supervisors was scheduled to meet Friday in a closed session to discuss any next steps.San Diego Mayor Todd Gloria said while the county and state are determining the path forward following the ruling, San Diegans should continue to wear a mask and distance as much as possible."The City of San Diego is working closely with the County and the State to determine the implications of Judge Wohlfeil’s ruling. No one wants our small businesses to be closed, but the science and data are showing a dire trend in hospitalizations and deaths. Over 1,200 have died in San Diego County and the ICU capacity in Southern California has dropped to zero," a statement from Gloria said. "We have a collective obligation to accept the personal responsibility of keeping each other safe. I am asking San Diegans to continue to stay home as much as possible, wear a mask, avoid large gatherings, and order to-go to support small businesses. The health of our local economy hinges on the health of San Diegans."Wednesday's ruling prompted many local restaurants to open their doors again after they were shuttered by the state's stay-at-home orders requiring restaurants to offer takeout and delivery only. Though it wasn't immediately clear if that meant restaurants could reopen for full service or limited service, such as outdoor dining only.County officials said Wednesday that until more clarity surrounding the ruling was provided, they have suspended enforcement against restaurants and live entertainment establishments. California's regional stay-at-home order went into effect after the Southern California region, which includes San Diego County, saw its ICU capacity dipped under 15%. Thursday, the region's capacity hit 0% as the state added more than 52,200 new coronavirus cases.Wednesday’s ruling was in response to a case brought against the county and state by Midway Ventures and F-12, the owners of Pacers Showgirls and Cheetahs Gentleman's Club, in October, after COVID-19 restrictions that forced them to close. A preliminary injunction was granted to the strip clubs on Nov. 6 protecting them from any enforcement, though the businesses were still required to comply with rules surrounding a 10 p.m. curfew and close early. 3733

SAN DIEGO (KGTV) — A Kearny Mesa company that trains military and first responders at a local movie and TV studio is pivoting to help solve the county's homelessness crisis.Strategic Operations, located in the backlot of Stu Segall Productions television and movie studio, says it plans to begin building temporary housing for homeless families out of shipping containers.The studio lot is filled with shipping containers that have been converted into commercial, residential, and industrial settings to help military, first responders, and medical professionals train. Kit Lavell, Strategic Operations executive vice president, says that the same approach can be brought to constructing temporary housing, which they're calling "Strategic Habitats," and for less."Strategic Habitats are larger than hotel rooms, which recently have been converted to homeless housing, while our Strategic Habitats are priced 30 to 40 percent less than converted hotels or new construction," Lavell said in a release. "Additionally, Strategic Habitats are much quicker to complete over new construction and the units can easily be assembled in a variety of configurations and placed on parking lots or any open property."The 480-square-foot containers will be furnished with plumbing, air conditioning and heating, a double-burner stove, microwave, and refrigerator. Bedrooms will sleep two adults and two children and the housing units can be placed side-by-side or stacked. Lavell says several city officials have visited to tour the potential tool to address the region's homelessness.Ashley Bailey, senior press secretary and director of digital media with Mayor Kevin Faulconer's office, said in a statement that the idea is still in its early stages."The City is open to exploring all solutions that help create more housing stock and address homelessness. This idea is in its early stages, and would need to be vetted to ensure that the units are equipped with proper safety and habitability features, as well as the ongoing care that many individuals need. We look forward to hearing more from the proponents about the proposal," Bailey said. 2141

SAN DIEGO (KGTV) - A heart transplant saved his life but took away a San Diego doctor's ability to treat his patients. That is until technology gave him that back too. "I can't be around sick people because the immunosuppressant medications I have to take for the rest of my life will cause me to get sick much more easily," said Dr. Murray Alsip.For five long months, Dr. Alsip sat in the ICU, waiting for a heart. He'd been living with a serious heart condition for 17 years. After several false alarms, his call finally came. The doctor would soon receive 20-year-old Mathieu Bergeron's heart; the young man died tragically in a skateboarding accident. Alsip was able to meet his donor's mother eight months after the transplant. "She's such a wonderful person, a giving and caring person. That meeting was wonderful, she had so much to say about him and the things he liked to do and about the person he was and about his energy," said Dr. Alsip. With his new heart beating strong, Alsip could once again do many of the things he loved, liked hiking. And while he could no longer practice in an office, Alsip knew he had to continue practicing medicine somehow. So he looked into a more modern form of medicine and discovered the telemedicine provider MDLive. Working from home, Dr. Alsip can help patients with over 50 routine medical conditions, like sore throat, common cold, and fever."I'm just happy to be out there seeing people again, being a physician in the way that I trained."He's able to help people every day, fulfilling the very reason why he got into medicine. "To be able to actually help people again is a wonderful feeling."Dr. Alsip was able to meet his donor's family through Lifesharing San Diego. The nonprofit encourages everyone to consider becoming an organ donor; one donor can heal up to 75 people. 1837

SAN DIEGO (KGTV) -- A new apartment complex in Pacific Beach is gearing up for its opening, but residents can expect to pay top dollar for all the bells and whistles offered by the complex. The Jefferson, a 3 million complex, is located just off I-5. According to its website, studio apartments range from ,478 to ,617. The largest apartments in the complex with three bedrooms and 2.5 bathrooms range from ,987 to ,103. Those prices are much higher than the typical apartment in Pacific Beach, according to Zillow. Zillow’s rental map shows prices in Pacific Beach ranging from ,425 for a studio to more than ,850 for a three bedroom. Between those two price points, Zillow shows 152 apartments available for rent. One rental manager who spoke with 10News says The Jefferson may have a difficult time finding tenants at those prices. “Tenants, prospective tenants, they're educated. They educate themselves and they do comparative shopping. So if it's too high, you're going to sit empty,” said Jim Vosacek, who runs Western Hills Real Estate Management. JPI released a statement to 10News:“Jefferson Pacific Beach is the first multifamily development of its kind in Pacific Beach. While there are currently no other new, luxury developments like this in the area, this development will offer residents a quality, high-end lifestyle that has not previously been available. Before development, the team took a detailed, analytic dive into the surrounding area to ensure accurate determinations regarding cost of living. Although state development restrictions have impacted the cost at Jefferson Pacific Beach, a portion of total units will be reserved for affordable housing.” 1700