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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 Immigration and Customs Enforcement Agent accused of pointing a gun at a man in East County was charged Tuesday.Investigators said Agent Ed Zuchelli waved the gun at a young man who was riding a dirt bike in Lake Murray on February 16.Zuchelli is also accused of driving drunk. San Diego Police confirm he was in a government-issued vehicle at the time of the arrest. He was booked and released.EXCLUSIVE: Man says ICE agent pointed gun at himZuchelli was arraigned Tuesday on three misdemeanor charges. He faces a maximum of a year and a half in jail if convicted.   616

SAN DIEGO (KGTV) - A San Diego family is preparing to uproot their lives and move across the country so their 2-year-old son can get a life-altering liver transplant.After Gavin was born, Kendra and Vince Giacalone waited nearly two years for answers on what was wrong with their son.Eventually, through exome sequencing, they learned Gavin had a rare genetic disorder: GM3 Synthase Deficiency. He's missing an enzyme which helps with brain development.The family read online there was no treatment or medicine for their son but they refused to give up.After connecting with specialists they are now hopeful a liver transplant from Kendra's sister will replace the enzyme Gavin is missing.The family will move to Pittsburg for several months while Gavin gets the transplant.All transplant costs are being covered by the Children's Organ Transplant Association (COTA).The family is trying to raise ,000 for COTA in Gavin's name - 100 percent of donations will go to Gavin.You can also follow Gavin's Rare Journey on Facebook.  1041

SAN DIEGO (KGTV) -- A San Diego judge has ruled that demolition of the historic California Theatre would violate environmental law.The theatre, which was built in 1926, was the largest vaudeville and movie palace in San Diego.City Council approved the demolition of the theatre in 2017. The proposed demolition, however, required an environmental impact report.RELATED: San Diego approves replacement for dilapidated California Theatre?The legal challenge to the approval, filed by the Save Our Heritage Organization, said the city failed to adequately address the ability to adapt and reuse the California Theatre.The court granted SOHO’s legal petition because the review failed to comply with the California Environmental Quality Act.The demolition approved by the city would have allowed a 40-story skyscraper to be built that would have included 282 residential units."The California Theatre is an outstanding historic building that has been standing for almost 100 years, it presents many opportunities for successful adaptive reuse to revitalize the C Street corridor. When the City's EIR failed to study alternatives to demolition, we put our faith in the Court to enforce CEQA. We are grateful for the Court's comprehensive enforcement of environmental law and look forward to review of an alternative in an EIR that will allow this historic building to survive as part of a successful new project. We know it can be done,” said SOHO’s Executive Director, Bruce Coons. 1485

SAN DIEGO (KGTV) - A Navy wife battling cancer is looking forward to a good night's sleep, thanks to the help of United Service Organizations (USO) and Jerome's Furniture.Julie Chadek was diagnosed with stage 4 colorectal cancer last year and it has since spread to her spine.“I’ve been home from the hospital for a couple of nights now and have been sleeping on the couch because I was so uncomfortable in our old bed," said Chadek.USO teamed up with Jerome's to get the Chadek's their dream bed."I cried for a while, because you just, you don't see that very often," said Julie. "Knowing that there is still some good is quite amazing."The nearly ,000 bed features an adjustable mattress and therapeutic massage.Julie's doctors have created a new plan of action to target the cancer now in her spine.“There’s still a few more options, we’re not giving up, we’re fighting until there’s no more fight left," said Julie. 930

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