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Some 400
residential units of the Millennium Tower, which opened in the
heart of downtown in 2009, have been purchased, and City
Attorney Dennis Herrera said he is worried the building's
settling was not properly disclosed.
"I have serious concerns that the disclosures required by state
law ... did not contain information about the settling of the
Property," Herrera wrote in a letter to the developers,
Millennium Partners.
P.J. Johnston, a spokesman for Millennium Partners, said by
phone: "We would have made this information available to him
irrespective of a subpoena, all he had to do was call."
The Millennium Tower is among the highest-profile buildings
constructed amid San Francisco's real estate boom, though its
sinking raises concerns about development on the city's
seismically vulnerable downtown.
The Transbay Joint Powers Authority, created under state law to
oversee the creation of the Transbay Transit Center nearby, said
last month the building has sunk 16 inches (41 cm) - or 10 more
inches than expected during its lifespan - and also that it was
tilting.
The authority said the 58-story building is set upon a concrete
platform with piles driven 80 feet (24 m) deep instead of
reaching all the way to bedrock another 120 feet down.
Two residents filed a proposed class action last month against
the developer as well as the Transbay Joint Powers Authority,
which excavated near the tower for the transit center.
The lawsuit says the building is still sinking at a rate of 1
inch per year and would likely settle another 15 inches. It also
alleged tilting at the building's base translates to a 15-inch
tilt at the top.
The lawsuit said developers first disclosed the potential
foundational problems in June 2015.
The authority has blamed the settlement on the developers for
failing to anchor the building to bedrock, while Millennium has
blamed the authority's excavation.
Johnston said many buildings in the area were built like the
Millennium Tower and the building passed a seismic and
structural safety study after settling was discovered in 2014.
He said the homeowner's association was notified of the study at
the time.
Johnston said preliminary results of a recently commissioned
study showed the building is still safe.
(Editing by Matthew Lewis)
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