San Leandro official illegally built a fence on his property even as he was publicly criticizing an opponent’s own plans

San Leandro school board member Victor Aguilar, Jr., left, admitted to building a fence on his property without city permits at the same time he criticized his opponent in the District 3 race last November, now former Councilmember Lee Thomas's own application for a fence.

A fight over a neighbor’s fence is the most provincial of problems. But complaints of abuse of power last year against former San Leandro Councilmember Lee Thomas and his attempt to extend a fence on his property may have been a reason why he was upset in the November Election by the challenger who exploited the controversy for his own gains. Now the issue is back in full relief, but with a twist.

Thomas took the application for his fence to the city’s Board of Zoning Adjustments last summer, but later dropped the request. But Thomas is feeling some sense of vindication this week after a report showed the opponent who defeated him, Councilmember Victor Aguilar, Jr., admitted to the San Leandro Times that he had not obtained permits to build a fence on his own property not far from Thomas in District 3.

“Where is my next door neighbor’s outrage who appealed my application permit, got petitions signed, and sent strangers to my house to harass me about applying for a fence permit?” said Thomas.

Aguilar, Jr. used Thomas’s fence issue to great effect during the fall election, suggesting the incumbent councilmember was using his power for his own benefit. Aguilar, Jr. even addressed the Board of Zoning and Adjustments in opposition of Thomas’s fence around the same time he was illegally building a fence on his own property.

On Thursday, Thomas blasted Aguilar, Jr on the community website, Nextdoor, along with those on social media who had been highly critical of his fence plans.

“I find it interesting this morning that you have a current council member that built a fence with no permits during the same time frame I was applying for a fence permit legally,” Thomas wrote. “The councilmember now states he was oblivious to the city zoning code but he went to great efforts to involve himself in my fence permit process and speak out against it,” Thomas wrote.

“Where is my next door neighbor’s outrage who appealed my application permit, got petitions signed, and sent strangers to my house to harass me about applying for a fence permit?”

In the article published Thursday, Aguilar, Jr. appeared to offer blithe disregard for illegally building the fence, and added he would tear it down and rebuild with proper permits, if required by the city.

Aguilar, Jr’s victory last November was one of the biggest surprises in the entire East Bay. He narrowly defeated Thomas by 528 votes in what was a sleepy campaign that featured very little spending.

The controversy involving Thomas’s fence, along with his support for a market-rate apartment building project in Estudillo Estates unpopular with neighboring homeowners, is viewed as possibly reasons for an upset very few saw coming.

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