Antioch City Council Set to Declare Winner in 5th Street Tree War

For a year, Antioch residents Diane Gibson-Gray and Joy Motts have been battling over tree removal on 5th Street in the City of Antioch.

Now, the Antioch City Council will ultimately decide whether two trees will stay or go after Gibson-Gray applied and was granted a Tree Removal Permit all the way back on February 23, 2022 to remove two London Plane Trees from her property at 411 W 5th Street.  An appeal was then filed by Joy Motts on April 8, 2022.

This comes after both Gibson-Gray and Motts both lost their election bid for the Antioch City Council District 1 seat where they split the vote and allowed Tamisha Torres-Walker to retain her seat.

• 1,467 (34.37%) – Tamisha Torres-Walker
• 1,463 (34.28%) – Joy Motts
• 1,338 (31.35%) – Diane Gibson-Gray

During the campaign, there were whispers that Motts meddling in the tree removal application and filing the appeal against the tree removal was motivation for Gibson-Gray jumping into the council race. Gibson-Gray, however, maintains she was fed up with the direction of the city of Antioch.

On April 1, 2022, the Public Works Director approved the removal of the trees following a consultation with the Tree Committee—Parks and Recreation Director and Community Development Director and done after notifying nearby property owners.

The Tree Committee uses the criteria established in AMC 9-5.1203(B)(2)(b), which are as follows:

1. The condition of the tree(s) with respect to its health, proximity to existing structure(s), and the likelihood of future damage to said structure(s) and nearby utilities should the tree(s) not be removed.
2. The necessity to remove the tree(s) for reasonable use and/or enjoyment of the property.
3. The aesthetic impacts of tree removal in relation to the size and species of the subject and nearby tree(s). Typically, the city will encourage the preservation of uniform street tree patterns where such patterns have long been established.

The Tree Committee applied criterion 1 and found that the subject trees were likely to continue to cause damage to the nearby sewer and/or water lines due to their size and aggressive root habits. Based on this criterion, the Tree Committee elected to approve the Tree Removal Permit. The Planning Commission applied similar findings in their resolution to approve the Tree Removal Permit.

The conclusion was based on an arborist report that was initiated by the Public Works Department. The report found that Tree A could be pruned and retained. It also found that Tree B was heavily damaged by the pruning and recommended removal.

On April 8, 2022, an appeal was issued by Joy Motts.

By September 7, the Planning Commission considered the appeal and director staff to work on a resolution authorizing removal of one of the two trees.

On October 5, 2022, the Planning Commission received the new resolution and, after considering additional testimony from Ms. Gibson-Gray, directed staff to return with a modified resolution to allow both trees to be removed.

According to the minutes from the October 5 planning commission meeting:

Diane Gibson Gray explained that her request for the removal of the trees was related to safety only. She noted as the property owner, she was responsible for property and civil damages that would likely occur. She gave a history of the property and discussed the sidewalk hazards created by the trees. She reported there were empty concrete planters and new trees planted throughout the neighborhood. She stated if the decision of the Planning Commission was to have the second tree remain, she wanted to go on record that per the arborist report, there were current and foreseeable safety concerns, and she was prevented from taking corrective action to mitigate the issues; therefore, liability should shift to the City or appellant.

Following discussion, consensus of the Planning Commission supported removing both trees and replacing them with plantings from the street tree list.

On February 15, 2023, the Planning Commission approved the resolution to allow both trees to be removed. (Note – Commissioners Motts and Martin recused themselves from the item)

Per the minutes:

Commissioners Motts and Martin recused themselves from this item and turned off their video/audio.

Director of Community Development Ebbs presented the staff report dated February 15, 2023, recommending the Planning Commission adopt the Resolution approving removal of both street trees based on Planning Commission direction from October 5, 2022.

Joy Motts read a written statement pertaining to this agenda item and requested the Planning Commission reverse their decision approving the removal of the London Plane Landmark Trees on publicly owned land in front of 411 W. 5th Street.

Diane Gibson Gray expressed concern regarding the risk of someone getting hurt from branches breaking off the existing street trees due to heartrot decay. She commented that the City did not have a street tree policy that was consistent and equitable. She requested addressing this issue by removing and replacing the existing trees. With regards to a suggestion that she pay for the pruning of the trees next door, she requested the Planning Commission not require her to pay for that work

On February 23, 2023, an appeal of the decision was filed by Kerry Motts.

Antioch City Council Meeting
Date: Tuesday, March 14, 2023
Time: 6:30 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Agenda – click here