Millbrae BART development conflict raises ethical questions about Fang

The Millbrae BART station and land around it would become more valuable when high-speed rail goes in.

BART Director James Fang is coming under fire for his close relationship with a developer who is trying to build a hotel project on BART property next to its Millbrae station, a project that Fang promoted with a misleading presentation to the Millbrae City Council in September. But Fang says the attacks on him are coming from a powerful rival developer and that he's only trying to get something moving on the long dormant site.

Underlying the conflict are questions about how BART develops the properties it owns around the Bay Area, questions that have increasingly high stakes around the Millbrae station. Critics say the station was badly designed and hasn't lived up to hopes that it would promote economic development in the area, but that could change if it becomes a California high-speed rail station and the southernmost direct connection into the BART system.

On one side of the conflict is Fang, a longtime director who also owns Asian Week newspaper, and his friend and political supporter Lawrence Lui, who is proposing to build a hotel and office building at the site through his company, Justin Development Corp. The BART Board of Directors voted 6-2 in closed session in May 2011 to enter into an exclusive negotiating agreement with him.

But city officials in Millbrae have refused to share their hotel tax revenue with BART, a key aspect of making the project pencil out as a long-term revenue source for the district (BART's policy is to lease property rather than sell in order to bolster annual operating revenues and retain control of properties that increase in value). “It turned out the economics of the project didn't work, they wanted a kickback, for lack of a better word, in the [Transient Occupancy Tax charged to hotels] for the city of Millbrae,” said Adam Alberti with Singer Associates, which is representing the Republic Urban project.

So the BART board earlier this year voted to re-open negotiations Republic Urban Properties, which Lui had beat out in the previous vote, requesting best and final offers from the two rival developers by Sept. 28. They are still being evaluated. Once a project is selected, that developer and BART would essentially become partners in going through the city’s project approval process.

But Fang left out the competing proposal when he appeared with Lui and BART Property Manager Jeff Ordway before the Millbrae City Council on Sept. 25, trying to build support for Lui’s hotel project. “Mr. Fang stated that he is looking for official direction from the City in joining with BART to build a hotel,” according to official minutes from the meeting.

Two days later, BART General Manager Grace Crunican sent the City Council a letter clarifying the status of the property and the two competing bids. “I regret that this information was not made clear during the City Council meeting and I apologize for any confusion that this omission may have caused,” she wrote.  

The Republican Urban proposal calls for 140,000 square feet of office space, 350 housing units (probably rental), and 17,300 square feet of restaurants and retail. It would replace the 851 BART parking spaces now on site with 623 spaces, but it would also include 420 parking spaces for the offices and 410 for the residents. Lui’s project calls for a 200-room hotel, 180,000 square feet of office space, 40,000 square feet of retail, and 200 “corporate service apartments.”

Since negotiations were reopened, Republic has gone on the offensive to overcome that it says is improper and unfair interference by Fang: hiring high-powered PR firm Singer Associates, attorney Scott Emblidge, and a design team with connections to other BART directors.

“I did not expect the venom that Republic Urban has launched against me,” Fang said. “It might be high-speed rail, maybe that's why Urban is pulling out all the stops....That would be a large part of it. Maybe Urban thinks this is something they've got to do.”

Fang admits his friendship with Lui and to having received $3,500 in campaign contributions from him, but he denies doing anything improper or of having a conflict-of-interest in the case, a position BART lawyers have supported, ruling that Fang doesn't have a direct interest that would keep him from voting on the project.

“You have a piece of property at BART that has just been sitting there for 10 years, doing nothing,” Fang said. “My bottom line is whatever is the best deal for the district, I'm going to go for...If it turns out Urban Republic has the best deal, I'll vote for it.”

In a letter to the BART, Emblidge said the Republic Urban project is clearly better: “Republic simply wants to play on a level playing field. It has presented BART with the objectively superior proposal. It asks that all further Board decisions about the Property be made in public and without the participation of Director Fang in order to ensure the competing proposals are truly evaluated on their merits. To do otherwise would be to do a disservice to BART, its riders and the general public and community of Millbrae.”

Alberti cast the decision as one of improper political influence pushing a bad project over a rival project that he called a “true transit-oriented development project.” But Tom Radulovich, a BART director who also heads the urban design nonprofit Livable City, doesn't quite agree with that assessment.

“None of the projects seem very transit-oriented. They're all very automobile dependent,” Radulovich said. “We should be more focused on what kind of development we want for the site and find the right developer.”

He called on BART to work more closely with Millbrae and other cities earlier in the process, and to pursue projects that are in the best interests of both entities and are smart planning for the region, particularly given the coming high-speed rail improvements.

As Radulovich said, “We're talking about a very important hub in the regional transit system, and for that reason it's important to get it right.”



BART station was a key determinant of making that the key interchange for SFO. So if such development is now proceeding, having been delayed by the dotcom crash and the subprime mess, then surely that has to be good for the Bay Area and for BART.

And remember that that area is very car-dependent. There's a limit to how much transit-focused development makes sense in an affluent area where everyone drives and distances are large. But if this development attracts density then transit will become an option. For now it's the intersection for BART, SFO and the ponderous but popular CalTrain.

Posted by Guest on Nov. 17, 2012 @ 12:24 pm

...... of what is going on here, Fang is a scum bag and I would have to say that he is probably dirty here.

Posted by Guest on Nov. 18, 2012 @ 9:51 am

The level of stupidity in "Guest"'s comment is epic. What he or she or whatever doesn't know about Millbrae could fill a warehouse.

Posted by Guest2 on Nov. 18, 2012 @ 9:23 pm

debates about whether to extend BART or CalTrain to SFO, and the BART idea was deemed preferable for two major reasons. One was the inconvenience of the location of SF's CalTrain station and the other was the development opportunities in and around Milbrae, if it were an important interchange.

Are you saying it was the wrong decision?

Posted by Anonymous on Nov. 19, 2012 @ 6:44 am

Yes I know nothing about Millbrae, but I know James Fang very well!!!

Posted by Guest on Nov. 19, 2012 @ 1:25 pm

demonstrating is the evident weakness of your own position.

Posted by Anonymous on Nov. 19, 2012 @ 1:46 pm

Ok James, don't get your panties in a twist.

Posted by Guest on Nov. 19, 2012 @ 6:29 pm

Although that assumes that you have one of course.

There was little reason to build a major transit interchange at Milbrae if there was no intent to do high-density development there, and in fact it was well publicized at the time it was approved.

Non issue.

Posted by Guest on Nov. 20, 2012 @ 5:44 pm

I have dealt with Fang and found him to be a scumbag. You will forgive me if I don't go into detail, you retard.

Posted by Guest on Nov. 22, 2012 @ 10:59 am

@Guest - So "Guest" is imp[ersonat]ing "Guest?" Nobody's making any sense in this anonymous-vs-anonymous showdown.

Posted by Guestard on Nov. 23, 2012 @ 5:52 pm

and that he's a great guy.

If you're personally biased against Fang, then what objective credibiity and validity does your diatribe have? None.

As noted, development at Milbrae BART has been mooted for 15-20 years. It's not news.

Posted by Guest on Nov. 24, 2012 @ 8:37 am