It was the summer’s first feel good city government story.
A woman who unknowingly was the recipient of a government mistake in her youth 16 years ago, paid back welfare overpayments but hasn’t had her record cleared yet was granted permission by the City Council to pursue her American Dream of selling ice cream from a vending truck in Manteca’s neighborhoods.
It brought a number of citizens out to encourage the council to grant Ajar Lynn Smith the vendor permit including Ripon resident Vi Stokes who felt compelled to travel to Manteca to attend her first ever public government meeting Tuesday after reading of Smith’s plight in the Bulletin.
“Heaven knows we’ve all made mistakes when we were younger,” Stokes said as she was dismayed that Smith may be denied a chance to make an honest living.
The council unanimously granted the permit after Police Chief Nick Obligacion denied it as he was obligated to do so under municipal ordinances based on the conviction for accepting the welfare overpayment.
The afterglow of the decision was short lived thanks to another staple of summer - barbecue.
The owners of La Triguena market and bakery in the 100 block of East Yosemite Avenue were told by code enforcement to cease and desist barbecuing tri-tip and other meats for sale to customers in the parking lot adjoining their store.
The parking lot is leased by the Manteca Redevelopment Agency from the same property owner that they rent their store space. Since the city controls it, they were informed by code enforcement that they had to secure an encroachment permit from the city if they wanted dot continue to barbecue in the parking lot. But when they went to city hall, the individual responsible for processing encroachment permits was off for a week. They were told to come back them but meanwhile they could continue to use the parking lot until them.
However, the next day police - after being contacted by code enforcement - told them they could no longer use the parking lot.
Making the code enforcement concern a bit interesting is the fact they have been barbecuing in full view of one of Manteca’s busiest streets since late 2011 plus the fact the RDA lease with the property owner for the parking lot reportedly ends in October. There are no city funds to continue the lease arrangement for public parking. The RDA secured the parcel for public parking to accommodate the opening of Kelley Brothers Brewing Co. more than 12 years ago. The brewery closed its doors earlier this year.
The entire situation didn’t sit well with Manteca Mayor Willie Weatherford who - without dissension from fellow council members - suggested City Manager Karen McLaughlin “fast track” a solution. Weatherford pointed out it wasn’t unusual for the encroachment permitting process to take up to a year - a situation he considered about a year too long.
The mayor indicated he wouldn’t be surprised if a competitor didn’t make a code enforcement complaint. For years, Manteca’s property maintenance rules have been complaint driven when it comes to enforcement regardless of how visible they are to the general public and city officials. A prime example is an electric fan powered “waving man sign” at a furniture store next door to the bakery that not only doesn’t comply with city rules governing temporary advertising gimmicks but employs a power cord covered by a mat that crosses a public sidewalk.
Smith’s misdemeanor welfare conviction came after she paid back part of the $1,853 to Santa Clara. She paid the balance for restitution of the overpayments in the same month she was convicted. The overpayments came when she was a teen and wasn’t aware she was being overpaid benefits over the course of several months.
Smith - who said that “her and her hard working husband” haven’t needed pubic assistance since 2002 - told the council she wanted to show her daughters that women can successfully run their own business. The name of her vending business is “Bring it Back Ice Cream.”
Feel good decision on ice cream melts with downtown BBQ controversy