SAN DIEGO, Calif. — The Poway Unified School District says it is reviewing the conditions of a Rancho Bernardo elementary school surrounded by dozens of untrimmed palm trees that residents fear could fuel a wildfire following an ABC 10News report Monday.
"If the school district owns the property, take responsibility, get rid of the trees," said Priyanka Jain, who lives near Westwood Elementary School.
In Jain’s backyard, there are two giant leaning palm trees that she believes are at risk of falling over.
"I don't send my kid outside to play at all. That is how worried I am," she said.
Jain is one of several residents who’ve come forward with concerns about the trees, which the Poway Unified School District confirms are located on its property, after ABC 10News aired a report on Monday about the issue.
"I hope no one's smoking outside. I hope no one has like barbecue or anything lit up there because even a spark can cause everything (to) go ablaze," Jain said.
District cites 1974 arrangement
The district has been locked in a years-long debate with two Westwood homeowners’ associations over who should pay to trim the shaggy overgrown palms that are filled with dry fronds.
“The district is actively reviewing the current conditions on the property and evaluating appropriate next steps. We remain committed to collaborating with the HOA on a practical resolution,” Poway Unified School spokesman Josué Reyna said Wednesday.
Candace Baker, the community manager for Westwood Townhouses Management Corporation, told us Poway Unified has refused to budge on its position that the HOA is responsible for trimming the trees. She said the district continues to cite a 1974 agreement between a developer and the district that puts the HOA on the hook for maintenance.
ABC 10News asked Reyna to provide us with a copy of the agreement. He provided us with a review by the county from 1976 about a dispute between the two sides over a portion of a drainage channel.
'Draft agreement never executed'
The records are not about the palm trees and show that county counsel believed the responsibility for a drainage swale on district property appeared to lie with the homeowners’ association.
The 1976 document has an important paragraph the HOA believes proves they’re not responsible for the trees.
"The draft agreement between the developer and the district was apparently never executed, therefore the terms of that draft agreement do not assist in resolving the question,” the 1976 document states.
Debbie Nolan came forward on Monday desperate for someone to listen to her concerns. She believes the tinder-dry fronds on the trees could fuel a wildfire.
"There's going to be a school full of kids here soon and all it was going to take is one spark," Nolan said.
In 2007, the Witch Creek fires decimated homes near Westwood Elementary School and students were forced out of class due to hazardous smoke.
Complaints made to fire department
Residents don’t want a repeat of 2007 and have been to district board meetings to ask for the palms to get trimmed.
Stephen Kelly said after getting nowhere with the school district, he contacted the San Diego Fire Department, the Rancho Bernardo Community Council and Councilmember Marni von Wilpert's office.
“My complaints to the fire department about the current situation have been unproductive,” he said.
Baker said the district has never provided a copy of the 1974 agreement it keeps citing.
HOA refused to split cost
In 2023, the district offered to equally split the $200,000 cost of trimming the, but the HOA refused.
“As you can imagine, they said absolutely not,” Baker recalled.
Reyna said the district has repeatedly attempted to work with the HOA toward a resolution and received project estimates for much less than the $350,000 the homeowners’ association got.
Von Wilpert said in a prepared statement that even though the trees are not on city property, the councilmember had San Diego Fire-Rescue inspect the trees in 2024.
“At that time, no violations of brush management regulations were found. I've asked San Diego Fire-Rescue to take another look at this issue to ensure that current conditions do not violate any rules or regulations. I strongly urge Poway Unified School District and the HOA Board to sit down and resolve this dispute over brush management and tree maintenance as soon as possible," von Wilpert said.
Investigative Reporter Austin Grabish can be reached at austin.grabish@10news.com
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