Dear City Council Members,

 

I am writing to follow up on two previous homeowner letters (from Andrew Chung, below, and Nancy Wagner, dated 10/14/09) regarding the bonded tree(s) in the new Taylor Morrison community of Morgan Lane.  As homeowners with a young child who plays daily in the common area where the dying redwood tree is located, it is of great interest to us to have this safety issue addressed in a more timely manner.  The city planner estimated that the decision to remove/replace the tree would be made by 10/20/09.  The developer has been acutely aware of the declining health of this (and other trees) since at least May 2009, and under the guise of the "HOA" (of which there are no actual homeowners yet permitted in a decision-making role) has successfully skirted responsibility and action on this matter.  The lack of urgency on the part of the developer is unacceptable.  We respectfully request City Council support to expedite this decision making process.

 

Sincerely,

Donna Fuller

Morgan Lane homeowner

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Dear Menlo Park City Council:

We are writing as homeowners who are extremely concerned by the state of a dying redwood tree that resides in the common area of our community, Morgan Lane.  Nancy Wagner previously sent a letter on October 14, 2009 to the City Council entitled "Bonded Redwood Tree at Morgan Lane" that is posted here: http://ccin.menlopark.org/4322.html.  We, the undersigned, support the concerns raised in the first letter and wanted to add some supplemental commentary to underscore several of the points previously made.

1. Proximity and location relative to homes.  The tree is a large redwood tree that is very close in proximity to at least 6 of the homes in the community.  The lower branches of the tree hover 6 to 8 feet over the walkways that surround the homes in that area and, in some cases, are only 10-15 feet away from homeowner porches.  The tree is in a common grass-covered area that is frequently used by the children throughout the community for play.

2. Safety issues.  For months now, dead tree branches have fallen sporadically over time, and the tree has been leaning (steel cables are needed to hold the tree steady).  In last week's storm, large tree branches were found in the surrounding area and as far as 50+ feet away from the tree and in homeowner yards.  Given the number of children that are in our community, we are concerned that our youngsters may get hurt from random falling branches or tripping on ones left in the wake of windy or rainy weather.  A more severe concern is that if the tree were to fall, it is clear that each of the homes close to the tree (and residents within) could fall victim to severe damage and harm.

3. An independent arborist believes the tree should be replaced.  Chris Regan, an independent certified arborist of Shady Tree Company, inspected the tree earlier in October and made the following summary assessment: "I estimate 40% of the tree canopy to be dead, 40% to be in poor condition and 20% of the...canopy showing new growth. The top third of the tree is completely dead. Additionally the tree is on a lean.... The tree is in very poor condition and without hesitation I recommend it be removed."  The full report is copied below the signatures, for reference.

4. Potential conflict of interest from developers' arborist.  Arborwell, the arborist hired by our developer, Taylor Morrison, is the same company that transplanted the tree.  As noted by Mr. Regan, the independent arborist, there is a possibility that the tree was transplanted with a lean.  As such, we are concerned that Arborwell and Taylor Morrison may each be conflicted in this matter and may not have the best interests of homeowners in mind.  Also, we have noted that Arborwell's report is not properly dated, so it is unclear at what point the assessment on the tree's health was done.

Given the concerns noted above, we hope that the City Council can investigate the issue and enforce the conditions of the bond that the City holds on this tree.  We are counting on you to take the appropriate action as soon as possible to ensure that our interests are properly represented and prevent any of our homeowners' families from coming into harm's way.  Please help.

Respectfully Yours,

Alexa Courluris

Alice & Michel Ceklov

Andrew Chung & Coral Chen

Bill Kim

David Friedman & Janet Kim

James K. Fuller & Donna L. Fuller

Kathy O'Connell

Madeline Johnston

Nancy & Pearce Wagner

Sonya & Galen Fletcher

Susan Szegda

Wai Hung Lee

Morgan Lane Homeowners

Menlo Park, CA

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Arborist report from Chris Regan, Shady Tree Company (transcribed)

Date of report:  October 7th 2009 

Heritage Coastal Redwood Tree-Morgan Lane Development The 17 ~ inch diameter Coastal Redwood (Sequoia sempervirens) is located in a common area behind 224/226 Morgan Lane. 

I estimate 40% of the tree canopy to be dead, 40% to be in poor condition and 20% of the...canopy showing newgrowth. The top third of the tree is completely dead. Additionally the tree is on a lean.  

When I inspected the tree (admittedly it was after high winds) multiple 1 ~ to 2 inch diameter dead branches from the Coastal Redwood were on the ground beneath the tree. 

While the tree is trying to generate new growth, the dead portions of the tree will not regenerate and will continue to decompose and break off and fall. This poses a safety hazard to people using the common area beneath. The lean of the tree is also concerning. I understand the tree was transplanted. So either the tree was installed with a lean or since it was transplanted it has developed a lean. In either scenario, the lean is not good. 

The amount of-deadwood in the tree is an indicator of root loss from a transplant-or root dieback. Both inhibit the trees ability to hold the trees trunk upright.

The tree is in very poor condition and without hesitation I recommend it be removed.

I suggest the tree be replaced with a Chinese elm (Ulmus pavifloria). The tree has a wide spreading canopy, which would complement the adjacent tall pine. It would provide shade during the summer and as it is semi deciduous (loses its leaves during cooler winters and retains some of its leaves during mild winters) would allow light through its canopy to th~ common area and houses during the winter months.

Prepared by:

Chris Regan 

I.S.A Certified Arborist WE-6897 A