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Trespassers are run off, but birds feast on fruit at Copia
Most of the vegetable plots at Copia are now lying fallow since the center’s closure in November 2008. J.L. Sousa/Register | Buy photos
Friday, August 07, 2009
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The summer harvest is approaching its peak, but not at bankrupt Copia, where the organic gardens, inspired by those at a French castle, await better times.

Fruit trees are still producing bountiful quantities of plums and nectarines, but most are falling unplucked, with birds doing most of the feasting.
Tempted by so much ripe produce, some residents have ignored “no trespassing” signs and made forays into the gardens, grabbing what they can.

They have run afoul of ACA Financial Guaranty Corp., Copia’s interim manager. Fearing legal liability if mishaps occurred, ACA is stepping up enforcement to keep trespassers away.
The fruit trees and vines have survived Copia’s financial collapse, but most of Copia’s three and one-half acres of edible gardens sit fallow. After Copia’s shutdown, there was no one to plant vegetables this spring.

ACA, Copia’s bond insurer, has focused on “keeping the structural plantings and grass watered” while Copia moved through bankruptcy, Joe Fischer, Copia’s president, said in an e-mail this week.
“However, any gardener will walk by and see there is much to do — weeding, pruning, picking up some of the fruit that fell to the ground,” Fischer said.

It’s understandable that locals wouldn’t want to see ripe fruit go to waste, but gleaners cannot be accommodated until Copia’s future sorts out, Fischer said.

“While this may sound cold or uncaring, there were some liability and supervision issues that could not be overcome in the middle of the bankruptcy situation,” he said.

A Copia liquidation plan could be approved in federal bankruptcy court as soon as next Friday.

During the confusion following Copia’s filing for bankruptcy, gleaners harvested a portion of last winter’s garden for the Napa Valley Food Bank. The food bank received lettuce, broccoli, herbs and cabbages, said Shirley King, Napa Food Bank’s manager.

“We had advocates for the food bank going out and harvesting it,” King said. “People were concerned it was going to waste.”

This unauthorized harvesting didn’t last long, King said. “We were told it was private property and it was considered trespassing,” she said.

King said she understood Copia’s concerns. In this day and age “it’s all about litigation,” she said.

While no crops were planted this spring, ACA made sure that the permanent plantings — trees, shrubs, vines and lawns — have been watered.

“I think that everything that was important is still there,” Ainslie Bruneau, Copia’s former vice president of campus operations, said Thursday. “The bones of it” have been preserved.

Over the past week, coinciding with the opening of the new First Street bridge, ACA paid for a crew of workers to clean up the gardens, removing dead vegetation and cutting back grapevines so they didn’t droop onto the sidewalk.

The gardens, which were inspired by the 16th century kitchen gardens at Villandry in France’s Loire Valley, no longer look like a dying jungle.

Cassandra Walker, the city’s economic development manager, predicted better days ahead for Copia and its gardens if the bankruptcy court empowers ACA to seek a buyer for the property.

The city has suggested to ACA that it might want to use local Master Gardeners to revive the gardens, Walker said.

The food bank has volunteer gleaners who will sign liability waivers if they are allowed to harvest crops, King said.

“ACA has consistently demonstrated a sensitivity to the desires of the city and community in understanding the future of the site,” Fischer said.

“With the uncertainty of the bankruptcy process almost behind us, I have no doubt that the Copia grounds will soon get more of the attention that they deserve.”
22 comment(s)

thisisnotatest wrote on Aug 7, 2009 12:19 AM:

" So they can afford more rent-a-cops, but can't pay creditors?

Oh and sorry food bank. I may have already taken most of the fruit. It was delicious. "

Napa wrote on Aug 7, 2009 12:29 AM:

" This Copia venue was a waste. A nest for only the elitists of the valley. The building should house a local museum of Napa's rich past instead of a fallon of ideas thought up by the rich. I went to the Copia only once and was stopped at the door and denied entrance. Incidents like that discourage those who want to visit places such as this, and sticks in one's mind not to patronize such a venue. "

krusty wrote on Aug 7, 2009 12:59 AM:

" It's depressing to see the gardens in the state they are in now. I enjoyed walking through the garden on the south end after visiting the farmers market. Too bad something can't be worked out. I'm sure plenty of people would be willing to sacrifice a few hours a week in order to keep that garden in top condition. "

shrapnal wrote on Aug 7, 2009 4:53 AM:

" Why not donate the fruit to the local food bank? "

richards wrote on Aug 7, 2009 7:17 AM:

" Why not make this Napa's new community garden?

Just a thought! Oh wait where would the big time revenue come from then? Never mind!

Lets bulldoze this area and build another hotel or business/condo suites.

Cha Ching $$$$$$$$ "

kgirl wrote on Aug 7, 2009 7:34 AM:

" It would be great to make this area into a public community garden I'm sure thier are lots of people that would be willing to help. "

Napa_Citizen wrote on Aug 7, 2009 8:04 AM:

" For crying out loud!!! Let people pick the dang fruit!!! Its better then the tree being damaged by broken branches heavy laden....and the food bank is in a HUGE need right now. People are losing their homes & jobs right now and there is fruit rotting before their faces on a vacant property - and yet you can't touch it.... This society is really S C R E W E D up! "

NapaNana wrote on Aug 7, 2009 8:30 AM:

" Why are they being greedy, selfish, and mismanaged?
Because it is COPIA!
Still the same "Me! Me! Who cares about anyone else? I'll let it rot before I share!"
Is anyone really shocked? Disgusted ....yes. Surprised..... No.
Such a crock of lame excuses. "

sprklsunshine wrote on Aug 7, 2009 8:51 AM:

" How ridiculous. Someone might get hurt and sue while picking fruit, so let it go to waste instead. "

JustAnotherManicMonday wrote on Aug 7, 2009 8:53 AM:

" How sad to waste money on security so people don't pick fruit that is ripe and falling to the ground. "

Cowboy wrote on Aug 7, 2009 9:15 AM:

" Copia failed because of its marketing philosophy. The Copia philosophy lives on running off the very people who could have made it successful.

Copia should be ashamed, and Napa should be ashamed of this behavior.

When Napa realizes that you have to give more than you take to be successful, then maybe downtown Napa will turn around from its current anal state of "where are the customers?" Duh. "

shareathought wrote on Aug 7, 2009 9:37 AM:

" Those who were hired to work the gardens over-the-past years knew their plants; they what were perennials or re-seeders. Some plants were a bit on the rare side.

These kinds of comments are true to our community and times...

"Fruit trees are still producing bountiful quantities of plums and nectarines, but most are falling unplucked, with birds doing most of the feasting."

"...ACA paid for a crew of workers to clean up the gardens, removing dead vegetation and cutting back..."

“...I think that everything that was important is still there..."

I am quite sure that some who know plants, such as the Master Gardeners, or other gardening clubs would have been willing to clean and glean while, being protective of the plants and property.
It would have made sense for the the company to hire a professional to guide the "crews".
At least one more time, the edibles could have been set aside (on the sidewalk or parking lot) for the food bank to pick up. "

amazed wrote on Aug 7, 2009 10:20 AM:

" I'm with Richards. A community garden would be great. Can we just sign a waiver that if we trip over a tree root, we can't sue the bejesus out of someone? "

napablogger wrote on Aug 7, 2009 10:25 AM:

" It makes you wonder if we are really better off with all the ability people have to sue now. I don't think so.

No one wants to take their own risks in life. One of the reasons I chase people out of my vineyard on occasion is that I am afraid of the legal liability if I don't. "

napamouth wrote on Aug 7, 2009 11:16 AM:

" Just "Plum" stupid! "Orange" ya gonna help feed the homeless or Food bank? How "comeqwat"? That's just Peachy! I'm "raisin" hell...this is really "sour grapes" "

kg wrote on Aug 7, 2009 12:37 PM:

" A community garden would be a great idea, i agree with the idea of signing a waver . There are people who would love to take of it. It really should not go to waste. Feed The People. "

NapaCitizen wrote on Aug 7, 2009 1:15 PM:

" Wake up City leaders! This is called blight.

The City could step in. They won't...they'll just let it sit there being another embarrassing piece of downtown real estate. "

twocentsguy wrote on Aug 7, 2009 1:50 PM:

" I ear ya! Pretty darned Corny "

cgillis wrote on Aug 7, 2009 3:54 PM:

" What happened to the chickens and the rabbits my kids used to visit?? "

XMAN wrote on Aug 8, 2009 12:13 AM:

" Did you know that stealing fruit from the tree was a felony? Yes. Even in Napa. If it is not the taker's property the taker can't have it. Unfortunately, the people who guard it cannot give it to charity on their own. That would probably have to be done by petition through the court because technically, it is an asset. Assets cannot be liquidated at all until the bankruptcy is resolved. Another dead-end. Drat! "

Manxkat wrote on Aug 8, 2009 12:23 PM:

" Where is Joe Fischer when we need him? "

surfdogge69 wrote on Aug 16, 2009 10:34 PM:

" Unfortunately, Copia has had several lawsuits for just that, liability. People tripped over their own 2 feet or walked over curbs, tripped, and sued. There is still a litigation from a woman that claimed she tripped and fell over one of the center Islands in the parking lot during a Farmer's Market. The market staff of the time was negligent in not reporting the incident immediately to Copia Staff. Six Months later the lady's lawyer mailed a letter to Copia with pictures allegedly taken of her injuries. She looked like she went a round with Mike Tyson. This is just one of many. ADA sued Copia right after they opened and won a settlement. A female employee that lied on her timesheets, failed to show up for work when scheduled, left during her shift with boyfriend, and induced male employees with sexual banter, won a $250, 000 lawsuit just before Copia closed. She threw a pencil at a male employee and hit him in the head with the point, yet no action was taken with her in the court action..THAT is why ACA is being so careful about LIABILITY LITIGATION. Can't really blame them... "

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