UPDATE: 'It Was Deceptive;' Former San Francisco Millennium Tower Tenant Glad He's Out



UPDATE: Despite Warnings, Repairs on San Francisco's Millennium Tower Caused Additional Sinking



Millennium Tower homeowners propose $100 million solution to sinking problem



Millennium Tower homeowners propose $100 million solution to sinking problem



Sinking San Francisco Skyscraper Riles Residents



                
      

Millenium Tower is the tallest reinforced concrete structure in the Western U.S.

August 10, 2016

The 645-ft Millennium Tower-the tallest reinforced concrete structure in the Western United States-is sinking and tilting, and the building owner places the blame squarely on the adjacent Transbay Transit Center project.



After sinking 18 inches, SF's Millennium Tower finally has a fix



Sinking Millennium Tower Residents Tentatively Reach Lawsuit Settlement



'Da Mayor' Willie Brown moves into sinking Millennium Tower



Inside Joe Montana's "uninhabitable" Millennium Tower condo



A 58-story skyscraper in San Francisco is tilting and sinking - and residents say their multimillion-dollar condos are 'nearly worthless'



building's window washers



TJPA: Ruling Limits Taxpayer Liability in Millennium Tower Legal Costs Fight



A drone doing an inspection Saturday of the Millennium Tower building's windows in San Francisco lost its GPS signal and crashed to the ground.



San Francisco threatens to yellow tag Millennium Tower



Large crack in window is latest problem for Millennium Tower in San Francisco



More lawsuits have been filed as homeowners


Millennium Tower Previous estimates expected the Millennium Tower to sink four to six inches, as all buildings settle to some degree. But the building has sunk some 16 inches and a lawsuit alleges it could sink more than 30 inches over time. (Dan Chambers/Special to S.F. Examiner) By Bay City News on February 14, 2017 9:11 am Facebook twitter google_plus reddit pinterest linkedin mail Facebook twitter google_plus reddit pinterest linkedin mail

More lawsuits have been filed as homeowners, the developer and government agencies battle over San Francisco's troubled Millennium Tower, a luxury high rise that has sunk farther than expected since its completion in 2009.

A lawsuit filed Friday by a group of nine homeowners represented by Cotchett, Pitre & McCarthy alleges that the developer, Millennium Partners, was warned in a 2005 geotechnical report and memo that the estimated rates of building settlement had uncertainty rates as high as plus or minus 50 percent.

*SEE RELATED: Condo owners in sinking Millennium Tower estimate homes worth $0 *

The lawsuit alleges Millennium Partners withheld information about the extent of the building's settlement from prospective homebuyers, and also names the Transbay Joint Powers Authority for improperly building on the adjacent property and contributing to the damage.

The lawsuit is only the latest in a string of litigation filed since last August when reports began surfacing that the 58-story tower at 301 Mission St. had already sunk 16 inches, as much as it was projected to sink over its lifetime.

Another group of homeowners represented by attorney Gerald Dodson filed a lawsuit with more than 200 plaintiffs in January, also alleging the developer knew about the building's problems before unit sales started in 2009. City Attorney Dennis Herrera has made similar allegations in a lawsuit filed against the developer in November.

The homeowners association has also signaled that it is preparing to sue after months of negotiations with the developer, announcing last week that it had hired prominent trial lawyer Daniel Petrocelli as its lead litigation counsel.

Millennium Partners have said the allegations that the firm concealed information from homebuyers have no merit, and has blamed the settlement on excessive groundwater pumping at the neighboring Transbay Transit Center site, where work began in 2010.

Millennium subsidiary Mission Street Development filed a cross-complaint against the Transbay Joint Powers Authority last week alleging that the authority knew its dewatering activities were causing problems at the Millennium site and actively worked to conceal a breach in a shoring wall that made those problems worse.

The Transbay Joint Powers Authority has in turn blamed the building's settlement on its design, which combines heavy concrete construction with a concrete slab foundation and piles that go into sand rather than down to bedrock.



Condo owners in sinking Millennium Tower estimate homes worth $0


The Millennium Tower at Mission and Fremont streets in San Francisco, Calif. Thursday, September 22, 2016. (Wesaam Al-Badry/Special to S.F. Examiner) By Joshua Sabatini on September 29, 2016 4:42 pm twitter google_plus reddit pinterest linkedin mail Facebook twitter google_plus reddit pinterest linkedin mail

Multi-million dollar condos in the Millennium Tower may now be worth zilch.

More than 160 condo owners - including tech executives, sports figures and real estate investors --- have filed property assessment appeals by the Sept. 15 deadline, claiming their condos are no longer worth what they paid for them.

The condo owners are claiming their home values have plummeted as the 58-story building has sunk and tilted beyond expectations , as first revealed last month in media reports.

The revelations have prompted a lawsuit by the condo owners against the developer and investigations by The City.

Additionally, earlier this week members of the Board of Supervisors voted to block millions of dollars for the second phase of the nearby multi-billion dollar Transbay Transit Center that would extend a Caltrain route to downtown and serve as a station for high-speed rail. The developer has blamed the sinking on the work around the transit center.

The Assessment Appeals Board has received 163 appeals from condo owners at the Millennium Tower at 301 Mission St., according to records the San Francisco Examiner obtained through the Freedom of Information Act. Before the tower's sinking was revealed, the condo values ranged from a high of $12.6 million to a low of $563,084, with 141 valued at more than $1 million.

In filing their appeals, residents must provide an estimate of the value of their condos today. Some stated figures as low as $0, $1 or $2. Others knocked off a million dollars or reduced the value by half.

"This is a big issue hitting The City," said Alistair Gibson, executive secretary of the Assessment Appeals Board.

Under state law, the board has up to two years to hold a hearing on the appeals, but it's unclear when they might be scheduled.

"This is a unique situation," Gibson said. "I'm not sure how are going to handle it. We don't know what's going to happen with that building. There are going to be other issues involved."

The values placed on the appeals by condo owners isn't an exact science. Mary Velez, a taxpayer with Raimondo Pettit Group, represents a condo owned by former 49ers quarterback Joe Montana, who had sold one of the two condos he owned several years ago. The one Montana still owns is valued at $2.8 million, but the appeal filed on his behalf argues the condo is now valued at $500,000.

"We didn't have any guidance on what to put. We just put that as a number," Velez said. "$0 might be a good number if the property can't be sold at any price." She noted that values could climb in subsequent years if the building is "repairable."

"I'm sure nobody really knows the value," Velez said.

Assessor Recorder Carmen Chu would be tasked to argue what value she believes the condos are worth during the hearings.

"We are waiting to see when they will be scheduled," said Chu's spokesperson Vivian Po.

Meanwhile, Mayor Ed Lee has said the building is currently safe. Separate studies are ongoing by both the developer Millennium Partners upon request of the Department of Building Inspection, and the homeowners association at San Francisco's Millennium Tower, which on Monday began its own study to determine the cause of the sinking and possible fixes.



SF Developer, City Accused Of Withholding Info On Leaning Millennium Tower


/September 13, 2016 7:33 PM/ By Cate Cauguiran *Filed Under:* Aaron Peskin , Millenium Tower , San Francisco

SAN FRANCISCO (CBS SF) - The developer of a skyscraper in San Francisco's South of Market neighborhood and city officials both knew the building was sinking and leaning before any units were sold but failed to notify buyers, Supervisor Aaron Peskin alleged Tuesday.

Speaking at a press conference at City Hall Tuesday, Peskin said he planned to subpoena officials in the Department of Building Inspection and hold a hearing next week to determine "who knew what and when they knew it" about the troubled Millennium Tower.

The 58-story luxury high rise at 301 Mission St., which was completed in 2009, has sunk as much as 16 inches and is leaning around 15 inches to the northwest at its peak. Current projections suggest it could ultimately sink more than 30 inches.

A lawsuit filed in August by lawyers representing homeowners alleges that the building, which sits on landfill, was built using a concrete slab and piles into sand rather than into bedrock "to cut costs."

The lawsuit also names the Transbay Joint Powers Authority, and alleges that excavation on the Transbay Terminal project next door has contributed to the Millennium Tower's subsidence.

Peskin said documents show that city officials were raising concerns about the structure as far back as 2006, and asking questions about the settlement of the building in 2009 just months before signing off on the final certificate of occupancy that allowed Millennium Partners to begin selling units. He said there were troubling gaps in the record, however, that left it unclear how the developer had responded.

"It is incontrovertible that the Millennium Corporation knew before they sold their first unit that the building was sinking more than they projected," Peskin said. "I have contacted individuals who own units, they were not informed of the fact that the Millennium Corporation knew and should have discussed that the building was sinking."

Peskin said he believed there was some level of "political interference" in the decision making process of the Department of Building Inspection, but did not specify who might be responsible.

P.J. Johnston, a spokesman for Millennium Partners, today said the building remains safe and that its settlement had remained within projected limits until the Transbay Terminal project began construction in 2010. He rejected the suggestion that political influence played any role in the building's approval.

"To suggest that Millennium Partners asked for or received any inappropriate treatment by city agencies, at any time in this process, is simply outrageous," Johnston said.

The company is working with the homeowners to make any necessary fixes, Johnston said.

The Millennium Tower Association, representing homeowners in the luxury building, issued a statement today saying it was troubled by reports that Millennium Partners and the Transbay Joint Powers Authority were meeting as much as six years ago to discuss the settling of the building.

"The Association also finds troubling-as should the public-the allegations that a public agency sought to keep secret the building's condition," association spokesman Charlie Goodyear said. "The Association continues its investigation to get to the facts of these matters."

While Mayor Ed Lee did not offer a comment Tuesday, he did write a letter to U.S. Sen. Dianne Feinstein earlier this month responding to her query about the project.

In the letter, Lee said that the tower's design, which was approved before he was elected to office, went through a peer review process by a panel of experts and the project was designed and constructed according to standards and codes in place at that time.

"That said, the Department of Building Inspection has suggested the Homeowners Association make corrective actions to improve the joints, plumbing and other operational parts of the building," the letter said.

Lee said that the Department of Building Inspection has "enhanced and clarified" its peer review process for skyscrapers since the tower was approved. He is now also asking city staff to examine other safety measures for buildings considered to be at high seismic risk.

The Board of Supervisor's Government Audit and Oversight Committee will hold a hearing on the Millennium Tower project Sept. 22 at 10 a.m.



Millennium Tower, swanky San Francisco high-rise, sinking


The luxury Millennium Tower, completed in 2008, is sinking and the development could result in a lengthy and costly legal battle. Tara Moriarty reports.

By: KTVU Staff

*Posted:*Aug 01 2016 01:53PM PDT

*Updated:*Aug 02 2016 09:24AM PDT

*SAN FRANCISCO (KTVU) *-- A newly built high-rise residential tower in San Francisco's SoMa area may be sinking and shifting, developments that could cost thousands -- if not millions -- of dollars to fix and could pit homeowners against the city.

The Millennium Tower, located at 301 Mission Street, is reportedly home to several high-profile people,
including Joe Montana and San Francisco Giants player Hunter Pence
The building was completed in 2008 and has sunk 16 inches and has moved 2 inches to the northwest, according to consultants. Worth magazine has previously said the tower is one of the top 10 residential high-rises in the world.

A worker looks up at the Millennium Tower during construction.

KTVU Local News

Millennium Tower, swanky San Francisco hi-rise, sinking

A newly built high-rise residential tower in San Francisco's SoMa area may be sinking and shifting, developments that could cost thousands -- if not millions -- of dollars to fix and could pit homeowners against the city.

"It's the tilting that you worry about more than the sinking," said Ashok Vaish, who bought a nearly $2 million, two bedroom condo three years ago. He says there are cracks visible in the basement, which he said he is concerned about.

But cracks and dips are also visible on the sidewalks in front of the tower.

"I've seen a lot of surveyors (and) I kind of thought something was up like that," said Mark Weir, who is leasing a condo in the tower. "I'm pretty shocked (and) going to reevaluate my lease maybe."

Builders had predicted the tower would settle about six inches over its lifespan but not 16. The Homeowners Association hired an independent consultant to survey the sinkage, which could translate into a costly real estate legal battle.

Five years ago, KTVU learned that the building was sinking. Engineers said the building was safe, despite the fact that the tower was anchored over a thick concrete slab with piles driven roughly 80 feet into dense sand. Typically engineers drill piles 200 feet down into bedrock.

The Transit Center Authority said in a statement that had engineers gone 200 feet, "the tower would not be tilting today."

"It's kind of like you're buying that brand new Ferrari but it has like a little nick on the fender," said Roh Habibi of Habibi Group at Keller Williams Realty of San Francisco. He said he believes news about the building sinking could impact buyer confidence in the short term.

"So you're buying a beautiful piece of real estate in the most amazing city in the world but now there's a little bit of a blemish because things become taboo," he said. "Once there is a story of the building is sinking, people may think hey, this thing's gonna topple over tomorrow."

The owners of the $350 million building say the culprit behind the building sinking and shifting is the construction next door of the Transbay Transit Center. The transit center is a $4.5 billion project designed to serve as a hub for mass transit in the south Financial District but planners also hope the finished project will include retail, restaurants and performance spaces.

According to a consulting firm hired by the Transbay Joint Powers Authority, the tower had already settled 10 inches within two years of its completion, before construction crews ever even broke ground on the transit center.

P.J. Johnston, spokesman for Millennium Partners, which built the tower, told KTVU in a written statement that the transit center has been a negative impact on the luxury high-rise.

"All building settle over time," the statement said. "However, 301 Mission exists in a location where major underground construction work was subsequently performed by others, who were obligated to monitor and protect existing structures, and to mitigate any impacts of their work. 301 Mission has settled more than originally anticipated because it was affected by such subsequent construction by others."

The building HOA said it has hired its own group of consultant to try and figure out what's going on.

"The Association has retained a number of engineering consultants to investigate the causes and long-term impact of these settlement conditions," the group said in a written statement. "Importantly, the Association has been assured that there are currently no short or long-term concerns with regard to building integrity or safety."

The HOA said it is exploring its legal option and could pursue damages from several parties, including the developer, the original design professionals, the original contractors and the Transbay Joint Powers Authority.

"In any real estate purchase you've got to look at the long term investment and this is a small hiccup," said Maurice Lombardo, who owns a penthouse at Millennium. He has a multimillion dollar one-bedroom unit.

Lombardo said the was not overly concerned about the issue. "I'm not worried at all, I'm sure they'll fix the problem soon," he said.

It was not immediately clear what the building's owner can do to remedy the situation. Experts say pouring cement underneath the building's base and drilling new piles would be extremely costly.

Joe Montana's condo is up for sale. How long it stays on the market may be an indicator of just how seriously people are taking the "sinking" snag.

/*KTVU reporter Tara Moriarty contributed to this report.*/



                    



January 4, 20176:07 PM ET Heard on All Things Considered

Stephanie Martin Taylor

*From

*KQED Public Media



The Millennium Tower has gained notoriety as "The Leaning Tower of San Francisco." Residents of the luxury condominium building and the city are suing the developer.

*Eric Risberg/AP

They call it "The Leaning Tower of San Francisco."

But it wasn't always that way. The luxury skyscraper was billed as "state of the art" when it opened a few years ago. People paid millions for condos there.

Now the Millennium Tower is sinking and tilting - about 6 inches to one side. Residents and the city are suing the developer .

In San Francisco, An Affordable Housing Solution That Helps Millennials

Pamela Buttery lives on the 57th floor. To demonstrate how her home tilts slightly to the left, Buttery hits a golf ball straight ahead toward the window.

"So there it goes rolling," she says. "And it kind of picks up speed."

The ball takes a sharp left turn toward the direction of the tilt, and it ends up in the northwest corner of her living room.

Pamela Buttery hits a golf ball in her home to demonstrate how the Millennium Tower tilts slightly to the left.

Buttery bought this unit as the tower was being completed in 2010. But documents obtained by the city show that as early as 2009, developers and city building inspectors knew the tower was settling faster than expected.

Buttery and other residents were not told until May 2016, and by then, the building had sunk more than a foot and was leaning 6 inches to the northwest.

"San Francisco has been in the midst of an unparalleled building boom, the largest building boom we've had since World War II, arguably since the Gold Rush," says San Francisco Supervisor Aaron Peskin. "And we need to make sure that we are building buildings that are safe, that people's investments are safe."

Peskin is leading what is likely to be a long series of investigative hearings on the troubled tower. Some key questions: Should the city require high-rise developers to drill their foundations into bedrock? Also, why is the building's frame made of concrete instead of steel?

Marc Kushner: How Do Buildings Make Us Feel?

The Millennium Tower's foundation is anchored into a landfill. Concrete is cheaper, but it's also much heavier.

And what about the massive new train and bus terminal being constructed right next door? Millennium spokesman P.J. Johnston says workers have been pumping out huge amounts of water as they tunnel through the soil. Johnston says that process, known as dewatering, is destabilizing the ground.

"We need to stop the dewatering, work together on any remediation that needs to be done to fix any damages," Johnston says. "And then we'll sort out all the liabilities later."

Johnston says engineers have inspected the tower and confirm it's safe. Still, that leaves perhaps the biggest question of them all: How to fix the tower, or at least keep it from leaning even more?

London's Cheeky Skyscrapers

Parallels

Some solutions include pouring a concrete collar around the foundation or building a buttress.

Buttery, who is 76, says so much for her peaceful retirement.

"I've moved on into depression about it," she says. "So it's a gloomy feeling."

Even her favorite pastime - putting golf balls - doesn't give her the same joy it once did. No matter which way she hits them, they all end up in the same corner.


































































Before it's here, it's on the Bloomberg Terminal

Photographer: Justin Sullivan/Getty Images Real Estate

Who Will Pay for San Francisco's $750 Million Tilting Tower?

The Millennium Tower is still sinking, and residents might be stuck paying for the fixes themselves. by James Tarmy @jstarmy

More stories by James Tarmy

and Kartikay Mehrotra @KartikayM

More stories by Kartikay Mehrotra

February 1, 2017, 3:00 AM PST February 1, 2017, 4:59 PM PST

Nina Agabian, a retired director of research in global health science at the University of California, bought a 29th-floor apartment in San Francisco's Millennium Tower in 2010. "It was supposed to be a wonderful building," she said in January, sitting in a leather chair in the building's vast, low-lit, owner's-club level. "For many of us, who left our business lives to start our older years, this had become a nice, comfortable place."

Nina Agabian, left and Jerry Dodson, both residents of the Millennium Tower, stand for a photograph in a meeting room inside the Millennium Tower in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

The building, which opened in 2008 and was touted as the most luxurious tower in San Francisco, became a beacon of the city's burgeoning wealth, attracting tech millionaires, venture capitalists, and even the San Francisco 49ers retired quarterback Joe Montana.

The 58-story tower's shine faded on May 10, 2016, when Agabian attended a homeowners association meeting and was informed that the building had sunk 16 inches into the earth and tilted over 15 inches at its tip and 2 inches at the base, according to suits filed by residents and the city of San Francisco. "You can imagine how distressed we were to know that, for one, our lifetime investment and savings are at risk," she said. "And we have no idea whether or not there's a fix to it, and if there is a fix to it, what it will entail."

The building, meanwhile, continues to sink.

The Millennium Tower stands in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

As Agabian and more than 20 other residents file multiple lawsuits against the building's developer, the city of San Francisco, and the Transbay Joint Powers Authority , another, potentially more ominous development has emerged. Two people with knowledge of Millennium Partners' liability policy say the developer is insured to cover some $100 million in damages caused by settlement or construction defects; the policy is split among several insurers. Ancillary policies held by the building's architect, structural engineer, and general contractor are worth another $50 million to $100 million, according to one of the people. Any legal fees incurred by the policyholders could be deducted from their policies. But according to experts, fixing whatever is causing the building to tilt could cost far more than that amount.

Further adding to residents' woes is that it's not even clear if coverage will be available under the liability policy: It might have been voided by the flaws in the building.

"I don't foresee a scenario where anyone writes a check under any policy," said Sarah Sherman, the U.S. property practice leader at JLT Specialty USA, an insurance broker in San Francisco. "There's no way to avoid litigation at this point."

It's possible, in other words, that homeowners already under water on their damaged real estate investments may have to cover millions in costs to repair the building. And that's not even the extreme worst-case scenario-in 1989, some buildings on loose San Francisco soil collapsed during an earthquake. The city has asked Millennium Partners for information on how much the building can further settle without compromising the building's stability and how it will perform during a quake. In a letter dated January 13, 2017, MP declined to supply the city with that data, citing ongoing litigation and mediation.

"I don't want to be in a situation in two years where we look back and think we really could have done something to prevent a terrible situation," warned San Francisco Superior Court Judge Curtis Karnow at a January 13. If such a terrible situation occurs, there is little clarity as to who would pay for the damage.

"Let's say there's an earthquake and there's major damage, the insurer will fight like hell not to pay the claim," Sherman said. "I would not be pleased if I was in that building."

Surrounding the building is the $1.1 billion new Salesforce Tower, the new condominium tower 181 Fremont, and a neighborhood bar.

in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

The Millennium Tower lobby. Photographer: David Paul Morris/Bloomberg

While the best method of fixing the building's tilt won't be known until an engineering firm hired by the developer completes its investigation- and perhaps not even then- the cost is certain to be millions, and perhaps hundreds of millions, of dollars. Conservatively, "I think it's fair to say that you're at least in the tens of millions of dollars," said Joe Maffei, who noted that his San-Francisco-based structural engineering firm is not associated with project. Stopping the settling would be very expensive, he explained, and then you have the added expense of actually evening out the building's base. (A recent study released by the city which examined the fire safety, disability access, plumbing and electricity, declared the building "remain[s] safe for occupancy at this time.")

Beyond their lawsuits, the residents can't hope for recourse from the developer.

"Millennium Partners doesn't own the building," said P.J. Johnston, a spokesman for the developer. "Even if there was an immediate and agreed upon measure to take, the building is owned by homeowners. Millennium Partners cannot just move forward with any set of measures" to fix the building, he said.

*Castle in the Sand*

Since the mid-19th century, the city of San Francisco has expanded its shoreline by dumping debris into its coastal marshlands and transferring sand and clay from the ocean bed onto land. Much of downtown San Francisco , including parts of Mission Street, where Millennium Tower was built, is constructed on this loose, wet soil. But the city's proximity to two major faults-the San Andreas and the Hayward-could render that same ground unstable in an earthquake, said Keith Knudsen, the deputy director of the U.S. Geological Survey's Earthquake Science Center . "The soft material tends to amplify the parts of the shaking-the earthquake's wavelengths-which are damaging to buildings," he said.

Workers repair crumbling walls that have been the result of leaking water in the garage of the Millennium Tower in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

The engineers who designed Millennium Tower were aware that the building sat on unstable soil and constructed the 645-foot tower's base so it would behave "dynamically" in the event of an earthquake, at least partially withstanding the shocks on the unstable ground. To achieve this effect, they chose a support known as "friction piles," a series of rods bored into the ground that would help stabilize the building as the earth rocked. While other buildings in the area were built with similar foundations (and still others use pilings drilled all the way down to firmer bedrock), the majority of the skyscrapers in downtown San Francisco are built with steel frames. Millennium Tower, in contrast, is made of vastly heavier concrete.

A decade after the first piles were drilled, walls in the underground parking garage have begun to crack due to the shifting, marble floors in the lobby have begun to buckle, and residents have complained that the ventilation units have begun to fail, raising questions about when the tilt will stop, or if it will stop at all.

*Sold Out*

Sales for Millennium Tower started around November 2007. By 2013 the building was fully sold for a reported total of $750 million; an April 5, 2013 article in the /San Francisco Business Times,/ which Millennium Partners posted on its website, quoted the building's costs at $600 million.

The pool area of the Millennium Tower is photographed in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

In the same story, Richard Baumert, a partner at the company, sounded a triumphant note. "We saw it through and in the end our plan and vision for the project were validated," he said. The building's appeal, he continued, was "not as much about the physical structure as the residential experience."

The article also quoted Gregg Lynn , a broker at Sotheby's International Realty who reportedly represented about a dozen Millennium Tower buyers. "The situation we are facing is that everybody wants to buy into that building, and they are kicking themselves that they didn't when they had the chance," he said. "People who sell now are expecting to cash out with major profits." The golden era for the Millennium Tower would last less than three years.

*Problems Emerge*

No one is quite sure why the building began to sink and tilt. It could be a flaw in the structure, which would make it Millennium Partners' responsibility, according to the building residents, or the result of the nearby construction of a major transit station, which would make it at least partially the responsibility of the station's builder. Possibly, it could be some combination of the two.

Jerry Dodson, a resident of the Millennium Tower, sits for a photograph in his home in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

A class-action by 20 building residents, led by their fellow resident, patent litigator Jerry Dodson , alleges that Millennium Partners knew the building had sunk 8.3 inches into the ground by 2009, the year after it was completed.

"There's the possibility that when they poured [the concrete base] in 2006-07, that it immediately sank," Dodson said in an interview in his living room in the tower, which is filled with art-deco vases and sculptures and overlooks San Francisco Bay. "It's extremely unlikely in my mind that as we began 2009 that it immediately tilted 6 inches to the northwest. What's more likely is they poured the [slab] on unstable soil."

Millennium Partners denies responsibility for the tilting. "At the time of its completion in 2008 and throughout its entire sales process, [Millennium Tower] had settled within predicted, safe ranges," said Johnston, the developer's spokesman.

Stress gauges are placed along a wall with floor-to-ceiling cracks in the parking garage of the Millennium Tower in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

Dodson's 20 homeowners, who collectively paid some $75 million for their condos, claim that the developer hid the building's faulty structure from prospective buyers and that the city's administrators joined in the alleged fraud by helping conceal the tower's engineering flaws as early as February 2009 by signing mutual nondisclosure agreements. The two colluded over half a decade to keep Millennium Tower's design defects secret to allow the city to move forward on its own construction in the neighborhood, according to Dodson's complaint. The city and Millennium Tower deny these allegations

Another target of Dodson's suit is the Transbay Joint Powers Authority (TJPA), which is building what it calls a "Grand Central Station of the West" next door to Millennium Tower. Part of the development, which also includes towers and below-ground rail tunnels in the soft soil, could have undermined Millennium Tower's foundation, causing the building to tilt, according to Dodson's complaint. If TJPA is found to be at fault, San Francisco taxpayers could be obliged to fund the tower's repair. The developer blames TJPA for the tilt. The TJPA has denied the allegations.

The TJPA attempted to dismiss one lawsuit Millennium Tower residents filed by claiming that the tower was still structurally secure. In a move critics attributed to the city's desire to absolve itself of any blame surrounding the project, the San Francisco Attorney's office subsequently sued Millennium Partners on behalf of TJPA.

Jerry Dodson, a resident of the Millennium Tower, walks over leaking water in the basement area of the Millennium Tower in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

Regardless of who is legally responsible, all parties have finally agreed that there is, in fact, a problem.

A report commissioned by Millennium Partners and published in 2014 by the engineering firm Simpson Gumpertz & Heger determined that the building's support columns and foundation were experiencing "significant stress." Nevertheless, the report concluded: "With the exception of the foundation," it read, "none of the settlement-related demands on these elements are at levels that indicate impending failure." The building's supports might be cracking, in other words, but-as of a few years ago, at least-it was unlikely to collapse.

*Potential Solutions*

Recently, Millennium Partners entered private mediation with building residents, with the goal of halting environmental damage and to "stop any undue further settlement of the building," according to the developer's spokesman. As far as Millennium Partners is concerned, the culprit is the TJPA project next door. "We need to ensure that the damage being caused by our immediate neighbors, TJPA, is stopped," he added.

The Oakland firm Sage Engineers has been hired by Millennium Partners to investigate the foundation, but as yet the firm hasn't offered potential solutions. Inspiration might come from the 1998 case of the Mandalay Bay hotel-casino in Las Vegas, which sank almost 19 inches as its weight displaced water from an underlying aquifer. The solution was to drill 536 metal cylinders underneath the casino's 43-story tower, which stabilized the edifice at the cost of between $8 million and $10 million, according to a 2000 article in the /Las Vegas Sun./

Water flows down a hallway in the storage area of the Millennium Tower in San Francisco, California, U.S., on Wednesday, Jan. 25, 2017. Photographer: David Paul Morris/Bloomberg

Several engineers and developers contacted by Bloomberg suggested a similar methodology-the insertion of slender, 5-inch to 12-inch supports called "micropiles " beneath Millennium Tower's existing foundation-could be effective. Engineers might "have to go down to the bottom of the garage and drill through the mass slab," said Jake Albini, the senior manager of real estate development at Jay Paul Co., which is developing a 70-floor, mixed-use skyscraper neighboring Millennium Tower. "It's not an easy task, but nothing's impossible."

But Steven Sanders , the president of Sage Engineers, cautioned against jumping to conclusions. "You have to be very careful about these different fixes," he said. "They're very dependent on soil conditions and building types." Millennium Tower, he said, is fairly unique. "It may be tough to really go down the road and identify possibilities based on historical knowledge," he said. "I think it would be hard and probably dangerous to say, /This is done here, why don't you do the same thing there/?"

*Resale Quagmire*

Any fix to the building will almost certainly take several years, and the lawsuits over who will pay for it could take even longer. In the meantime, residents of the building remain in limbo.

"There haven't been a lot of resales in the building since all of this news came out," said Gregg Lynn, the Sotheby's broker. "There's still no clarity about what it takes to fix or stop the problem."

"We can't sell, we can't rent, we can't move," said Agabian, the retired scientist. "I'd sell it in a second if I got fair market value for it." She corrected herself: "Well, there's not a fair market for it, because now the fair market for it is zero."

The $13 million penthouse of deceased venture capitalist Tom Perkins. Source: Sotheby's International Realty

Lynn recently sold deceased venture capitalist Tom Perkins's Millennium Tower penthouse for $13 million but noted that it was purchased by an existing resident and was a unique transaction. The buyer "was aggressively convinced that this problem is solvable," Lynn said, and felt that the apartment was a bargain. (Perkins purchased the apartment for $9.4 million and reportedly spent another $9 million renovating it.)

Other residents are stuck.

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"I'm getting a lot of calls from homeowners in the building who want to make plans to list their places once the settlement solution is announced," Lynn said, adding that he had close to 25 clients in the building. "What we're waiting for is the public announcement for what the solution to the structural concerns might be and how it's going to be paid for." It's the latter question, Lynn said, that could be the hardest to answer. "The second [question's] answer is going to be mired in litigation for five to 10 years," he continued. "But from what I hear from people at the top, this is very fixable-we just don't know when the solution is going to be announced."

The penthouse was purchased by a resident of the building. Source: Sotheby's International Realty

That's fine for residents who want to stay put-people are "absolutely passionate about it, the service there is extraordinary, and the HOA is extremely well-run," Lynn said-but there are many others who are hoping to move yet are unwilling to sell at fire-sale prices. "I can't tell you what percentage down the values are," Lynn said, "because nothing is trading."

Currently, just three apartments are on the market: apartment 4E , which has 1,136 square feet and is listed at $1.299 million, or $1,143 a square foot; it last sold in 2013 for $915,000. There's also penthouse 1A, which is 2,706 square feet and is listed at $8.995 million , or $3,324 a square foot; it's been on the market since July and last sold in 2014 for $3 million. The final apartment, 14C , is a one-bedroom, one-bathroom space with 833 square feet. It's on the market for $1.08 million, or $1,296 per square foot, and was listed in December. It last sold for $790,000 in 2012.

The penthouse reportedly originally cost more than $9.4 million and had another $9 million in interior upgrades. Source: Sotheby's International Realty

These can be compared with other new-construction luxury towers, such as the residences at the St. Regis , the Four Seasons , and 181 Fremont , which is still under construction. These properties, whose price per square foot range from about $1,400 to more than $3,000, continue to sell-condos sold at the Four Seasons in October for $11.7 million, at the new development One Rincon Hill for $3.7 million in November, and in the refurbished loft development 6 Mint Plaza for $2.5 million in December, according to Lynn's 2016 San Francisco Condo Report -while Millennium Tower residents have been forced to wait on the sidelines, fretting about whether they're sitting on significant assets or a stratospheric liability.

"Everyone at this building is forced to bring the players to the table," said Agabian. "No one has stepped up, not Transbay, nor the city, nor Millennium Partners has done anything to fix this, and we're left holding the bag of you-know-what."



City attorney subpoenas developer of troubled Millennium Tower
      

* Sunset Tunnel construction cost balloons by $3 million after discovery of crumbling walls

The San Francisco Examiner

Millennium Partners have previously said the building remains safe and blamed the Transbay Terminal project for the additional settlement, saying it remained within projected limits until that project began construction in 2010.

Millennium Partners officials planned to hold a media availability later Tuesday morning to discuss the latest developments regarding the property.

The Board of Supervisors' Government Audit and Oversight Committee will hold a hearing on building standards in seismic safety zones on Thursday at 10 a.m. Peskin has said he plans to question city officials to determine "who knew what and when they knew it."



Millennium Tower developer's about-face on next big SF high-rise


By Matier & Ross

October 19, 2016 Updated: October 20, 2016 8:47am

Millennium Partners' construction project at 706 Mission St., future home of the Mexican Museum and condominiums.

People walk past building 706 Mission Street which is under construction, in San Francisco, California, on Tuesday, Oct. 18, 2016.

The proposed tower at 706 Mission St. would rise at the east edge of Jessie Square, across from Yerba Buena Gardens. This image shows the proposed tower as it would be viewed from the 800 block of Mission Street.

706 Mission Street is seen from above while under construction, in San Francisco, California, on Tuesday, Oct. 18, 2016.

Lino Mejorada (left) sits on a bench near building 706 Mission Street, which is under construction, in San Francisco, California, on Tuesday, Oct. 18, 2016.

Millennium Partners' construction project at 706 Mission St., future home of the Mexican Museum and condominiums. People walk past building 706 Mission Street which is under construction, in San Francisco, California, on Tuesday, Oct. 18, 2016. The proposed tower at 706 Mission St. would rise at the east edge of Jessie Square, across from Yerba Buena Gardens. This image shows the proposed tower as it would be viewed from the 800 block of Mission Street.

706 Mission Street is seen from above while under construction, in San Francisco, California, on Tuesday, Oct. 18, 2016. Lino Mejorada (left) sits on a bench near building 706 Mission Street, which is under construction, in San Francisco, California, on Tuesday, Oct. 18, 2016. Millennium Tower developer's about-face on next big SF high-rise 1 / 5

Facing a legal and public-relations nightmare with its sinking and leaning Millennium Tower, the San Francisco highrise's developer is redesigning the foundation of its newest luxury condo project up Mission Street - with the idea of going all the way down to bedrock.

"It calls into question all the other projects (downtown) that aren't going to bedrock," Supervisor Aaron Peskin said Wednesday when informed of Millennium Partners' possible change in plans for its high-rise at Third and Mission streets.

Construction work is already under way on the 45-story condo tower at 706 Mission St., which will house the new Mexican Museum on the first four floors and incorporate the 10-story Aronson Building next door.

The project is a few blocks west of the 58-story Millennium Tower at 301 Mission St., which has sunk 16 inches and is leaning 2 inches to the northwest. That condo high-rise sits on a concrete slab with piles driven 60 to 80 feet deep, well short of bedrock.

In contrast, the 706 Mission St. tower was designed without any piles. Instead, it was to be held up by a four-story basement garage sitting on a bowl-shaped concrete slab, 12 feet thick at the center and 5 feet thick at the edges.

At least, that was the plan the developer gave to the city before we broke the news in early August that the Millennium was sinking. That raised questions about whether buildings built on bay fill, as the Millennium is, should be anchored to bedrock to ensure their safety in an earthquake.

Several Millennium condo owners have sued the developer, fearing that the bad publicity and safety questions are tanking the value of their units.

Millennium Partners brought in a structural engineer who said the building's problems had not compromised its ability to survive a major earthquake. And several experts told The Chronicle last month that high-rises constructed on bay fill don't have to go to bedrock - and that, in fact, several others around the Millennium also have piles that don't reach bedrock.

The Millennium Tower looks like it will keep sinking but, no one knows for how long or how much. Alarmed homeowners are doing what they can but an internationally renowned earthquake engineer says buildings that settle way more than expected are toug

Media: KTVU

In response to our inquiries, Millennium Partners issued a statement Wednesday that stopped short of saying it now intends to put pilings down to bedrock at 706 Mission St. But the company strongly hinted it was moving in that direction - starting with conducting test drilling on the site, across from Yerba Buena Gardens.

"We decided to install an additional boring in early October to sample and further analyze the existing soil conditions at very low below-grade depths - up to about 300 feet below the surface," Millennium Partners spokesman P.J. Johnston said in the statement. "Any foundation design elements that are recommended by the 706 Mission St. engineers and consultants, and that we ultimately pursue, must account for the unique soil conditions at this specific site, as would be appropriate for any building anywhere in the city."

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The new metal screen being installed at the new Transbay Terminal in San Francisco , Calif., on Monday, August 29, 2016.

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Sinking Millennium Tower can survive big earthquake, report finds

The company is taking another look at its plans even though 706 Mission isn't being built on bay fill. The old shoreline is a couple of blocks to the east, and what's under the new project is described as a mix of sand and clay.

Development sources tell us Millennium Partners isn't so much worried about the building being unsafe as it is about jittery buyers - especially as the market for condos shows signs of softening.

"I think you will find everybody in the marketplace has been alert to what has been on the front page for the last several months," said one development source familiar with the 706 Mission project, who wasn't authorized to comment on the record.

And the story isn't going away. Lawyers for the developer and the Millennium Tower homeowners are fighting over who's responsible for the building's problems - and what role, if any, the construction of the next-door Transbay Transit Center has had on shifting the soil beneath the skyscraper.

That fight is certain to go on for years. Even if Millennium Partners convinces a court that its design wasn't to blame for the problems, that may not help the market for condos at 706 Mission - a building that is expected to feature some of the priciest real estate in town, with units selling for $5 million or more.

Debra Walker, a member of the San Francisco Building Inspection Commission, called the developer's decision to consider going down to bedrock "prudent."

"I would imagine that everyone doing larger buildings would be reviewing things and (considering sinking their foundations) a little further down," she said.

Peskin said, "This turnaround proves that developers can afford to put in state-of-the-art foundation systems rather than cutting corners and skimping, and still have a viable project. And it should be a sign to City Hall and our building officials that we should be insisting on the safest foundation systems available."

The supervisor, who has held board hearings on the Millennium Tower's troubles, said the city should take a tough look at any new plan for 706 Mission.

"If they are going to change horses in middle of the stream, it needs to be subject to peer review by nationally renowned experts," Peskin said.

/San Francisco Chronicle columnists Phillip Matier and Andrew Ross appear Sundays, Mondays and Wednesdays. Matier can be seen on the KPIX TV morning and evening news. He can also be heard on KCBS radio Monday through Friday at 7:50 a.m. and 5:50 p.m. Got a tip? Call (415) 777-8815, or email matierandross@sfchronicle.com. Twitter: @matierandross /

Matier & Ross

Chronicle Columnists



SF supervisor asks why sinking tower wasn't scrutinized until now


SF supervisor asks why sinking tower wasn't scrutinized until now

By J.K. Dineen

Updated 11:24 am, Friday, September 23, 2016

The sinking luxury tower is at the center of a dispute over what is causing the high rise to shift and pitch. Tara Moriarty reports.

Media: KTVU

Officials at the San Francisco Department of Building Inspection didn't open an investigation into structural issues at the sinking Millennium Tower until last month, despite evidence going back six years that the 58-story luxury high-rise was sinking more than expected.

In a three-hour hearing Thursday before a Board of Supervisors committee, those officials seemed at a loss to explain why the issues at the most prominent residential tower on the West Coast weren't scrutinized until weeks after reports of problems were first reported in The Chronicle last month.

Supervisor Aaron Peskin said he called the hearing to find out "who knew what, when they knew it, and what they did about it."

"There is no question but that the city and the developer knew as much as six years ago that the building was sinking much more than anticipated," Peskin said at a hearing of the Government Audit and Oversight Committee . "I am interested in knowing why the city did not disclose that to the public or to the over 400 individuals, families and entities that purchased units in the building."

The building, which is just north of the new Transbay Transit Center , at 301 Mission St., has settled 16 inches, much more than the 4 to 6 inches project engineers anticipated over the life of the building. It has also tilted 2 inches to the northwest.

The Millennium tower on the lower right, across the street from the location of a new proposed plaza tucked into the southwest corner of Mission and Fremont Streets intersection in San Francisco , Calif., on Monday, August 29, 2016.

The Millennium tower on the left, across the street from the location of a new proposed plaza tucked into the southwest corner of the intersection of Mission and Fremont Streets next to the new Salesforce Tower on the right in San Francisco , Calif., on Monday, August 29, 2016.

Aaron Peskin of the Board of Supervisors listens to Department of Building Inspection officials during a meeting on Thursday, Sept. 22, 2016 in San Francisco, Calif. The Millennium Tower, located at 301 Mission Street, is sinking. Supervisors met with the Department of Building Inspection, among other officials for a hearing on the building, a 58-story condo tower which has sunk 16 inches since it opened in 2009. <#photo-10968152>

From right: Gary Ho, a plan review engineer at the Department of Building Inspection, and former DBI Raymond Lui listen in to S.F. Supervisor Aaron Peskin, during a hearing on Thursday, Sept. 22, 2016 in San Francisco, Calif. The Millennium Tower, located at 301 Mission Street, is sinking. Supervisors met with Department of Building Inspection, among other officials for a hearing on the building, a 58-story condo tower which has sunk 16 inches since it opened in 2009.

S.F. Supervisor Aaron Peskin questions Department of Building Inspection officials about the Millennium Tower. Inspectors knew in 2009 that the building was sinking more than expected.

Current and former Department of Building Inspection officials Raymond Lui (left), Edward Sweeney and Gary Ho attend a hearing on the sinking Millennium Tower.

Bill Strawn, of the Department of Building Inspection government affairs chats with Tom Hui, DBI's director, during a Supervisors meeting, at City Hall, on Thursday, Sept. 22, 2016 in San Francisco, Calif. The Millennium Tower, located at 301 Mission Street, is sinking. Supervisors met with Department of Building Inspection, among other officials for a hearing on the building, a 58-story condo tower which has sunk 16 inches since it opened in 2009.

From left: Ron Tom, assistant director at the Department of Building Inspection; Tom Hui, the department's director; and Bill Strawn, of the D.B.I. government affairs; listen in during a Supervisors meeting on Thursday, Sept. 22, 2016 in San Francisco, Calif. The Millennium Tower, located at 301 Mission Street, is sinking. Supervisors met with Department of Building Inspection, among other officials for a hearing on the building, a 58-story condo tower which has sunk 16 inches since it opened in 2009.

The Millennium tower on the lower right, across the street from the location of a new proposed plaza tucked into the southwest corner of Mission and Fremont Streets intersection in San Francisco , Calif., on Monday, August 29, 2016.

From left, Millennium Partners' Phil Aarons, Sean Jeffries and Chris Jeffries listen to Peter Meier, Partner with Paul Hastings, present and explain documents during a press conference held by the developers of Millennium Tower about the issues of its sinking and leaning Sept. 20, 2016 in San Francisco, Calif.

Millennium Partners' Chris Jeffries discusses details pertaining to the issue of the sinking and leaning of his building Millennium Tower Sept. 20, 2016 in San Francisco, Calif.

SF supervisor asks why sinking tower wasn't scrutinized until now

Developer Millennium Partners has blamed the tilting and sinking on soil dewatering next door at the Transbay Transit Center. Millennium says the water table beneath its tower has dropped 20 feet, weakening the soil under the foundation. The Transbay Joint Powers Authority , which is building the $4.5 billion transit center, counters that Millennium erred by building a foundation with piles 66 to 91 feet in length, rather than the 200 feet that would have reached bedrock.

The hearing Thursday did nothing to provide clarity as to who is to blame for the tower's structural deficiencies or what exactly is causing the sinking. It made clear, however, that city building officials were more bystanders than decision-makers a decade ago as Millennium Partners and its team of engineers and architects made the calculations that determined the structure's foundation and building safety systems.

Four Department of Building Inspection officials, including the current director and deputy director, testified at the hearing, painting the picture of a building that was unusual for its height and weight - its concrete frame makes it heavier than a steel structure - but that was mostly treated with the same level of scrutiny as other less complicated or tall buildings. The developer agreed to fund an additional review by a two-person peer committee that looked at the building's seismic safety - that examination did not include a review of the foundation and pile system.

Department Deputy Director Ron Tom said his agency has three roles: checking plans to make sure they comply with city code, making sure work is done as permitted, and - once a building is completed - investigating complaints.

Tom said the department relies on the expertise of the engineers and designers overseeing individual projects. If a plan is a "prescriptive design," meaning it conforms to building codes, as the Millennium Tower was, it is approved without any outside review. Most of the other tall, new downtown buildings in San Francisco, however, are "performance designs" - their design includes some departure from city code - and since 2008 have required a full peer review of both foundation and seismic safety.

Department officials also said their investigations are driven by complaints and that they didn't launch an inquiry into the Millennium until a neighbor called the city's 311 hot line on Aug. 16, two weeks after The Chronicle's report. Inspectors then visited the property and issued a corrective notice - essentially a request asking the building owner to compile a report detailing the building's performance.

"It blows my mind that you have to call 311 to have somebody come out to look at a 58-story building that is tilting," Peskin said.

Much of the questioning Thursday focused on a 2009 letter from then-assistant department director Raymond Lui . The letter raised questions about the rate the building was settling and whether the developers' engineers expected it to continue. The letter received a terse response from Millennium Partners' engineer, downplaying the concerns. On Thursday, Lui said he couldn't recall how he was made aware of the structural issues or what motivated him to write the letter.

"I have no idea," Lui said. "I can only speculate. I'm pretty tight with a lot of engineers. Maybe one of them mentioned it?"

Peskin said he was shocked that such a seemingly important letter disappeared with such scant impact.

"There is no follow-up to the letter that says, 'Gee, we are going to get an independent, third-party review so we know why the building is not performing as expected'?" he said.

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About 20 Millennium homeowners attended Thursday's hearing at City Hall and said in a statement they share Peskin's "desire to understand why we find ourselves in this predicament today and hope that all those called to participate do so in a spirit of cooperation and truthfulness."

"As everyone knows, the homeowners of the Millennium Tower are in the unfortunate position of trying to go about their lives as if nothing has happened, while attorneys work to learn the facts and assign responsibility," the homeowners group stated.

The association said it is conducting its own independent investigation.

"We are all living there and wondering about our safety," Millennium homeowner Nina Agabian said. "Nothing we have heard today has instilled any confidence."

/J.K. Dineen is a San Francisco Chronicle staff writer. Email: jdineen@sfchronicle.com /



San Francisco's 'leaning tower' hit with violation notices


FILE - This Sept. 26, 2016 file photo shows the Millennium Tower in San Francisco. A 58-story luxury condominium that has gained notoriety as the leaning tower of San Francisco is facing two violation notices accusing owners of making unauthorized repairs. The repairs to two ramps and the underground garage were intended to address the problems caused by the building's sinking, but the city's building inspection department found they were done without permits. Photo: Eric Risberg, AP / Copyright 2016 The Associated Press. All rights reserved.

The tower has sunk 16 inches since it was completed seven years ago. It's not, however, sinking evenly, creating a tilt.

The building's problems have raised concerns because it lies in an earthquake fault zone, but city officials, owners of the building's high-end apartments and its developers are arguing over who is to blame.

One violation notice stems from chipping concrete and leaking in the underground parking garage, and repairs that were done without permits, the Chronicle reported. The other relates to two ramps on the ground floor that building inspector Daniel Lowery said had become steeper during settlement and that the owner had tried to correct, also without a permit.

The Millennium Tower Homeowners Association , which owns the building, told the Chronicle it assumed that any necessary permits were being properly pursued by developer Millennium Partners .

P.J. Johnston , a spokesman for Millennium Partners, said the developer will work with the association to address issues like these that commonly arise with large buildings.

"We will ensure that all proper permits are secured," he said.

Leaked documents show the city's Department of Building Inspection and Millennium Partners knew the building was sinking more than anticipated before it opened in late 2009, but neither made that information public.

City Supervisor Aaron Peskin has convened hearings on the matter.



San Francisco's sinking tower seen from space


Updated 3:36 pm, Monday, November 28, 2016

Millennium Tower on Friday, July 29, 2016 in San Francisco, California. The tower is currently facing structural issues causing a lean. Photo: Michael Noble Jr., The Chronicle *

Satellite radar data show ground displacement in downtown San Francisco. The green areas indicate no detected movement, while points in yellow, orange and red show areas where structures are sinking. Photo: Courtesy European Space Agency *

A Fraste machine runs tests in front of Millennium Tower, a residential building which is leaning, in San Francisco, California, on Monday, Sept. 26, 2016. Photo: Gabrielle Lurie, The Chronicle *
Construction workers Malakai Fakalolo (left), and Will Halai (center) use a Fraste machine while doing tests outside the Millennium Tower, a residential building which is leaning, in San Francisco, California, on Monday, Sept. 26, 2016. Engineer Patrick Shires (right) gives an interview. Photo: Gabrielle Lurie, The Chronicle *

Engineer and consultant Patrick Shires, of Cotton Shires and Associates, speaks at a press conference regarding the investigation of Millennium Tower, a residential building which is leaning, in San Francisco, California, on Monday, Sept. 26, 2016. Photo: Gabrielle Lurie, The Chronicle *

Workers do tests on the soil outside Millennium Tower, a residential building which is leaning, in San Francisco, California, on Monday, Sept. 26, 2016. Photo: Gabrielle Lurie, The Chronicle *

The Millennium tower on the lower left, across the street from the location of a new proposed plaza tucked into the southwest corner of Mission and Fremont Streets intersection in San Francisco , Calif., on Monday, August 29, 2016. Photo: Carlos Avila Gonzalez, The Chronicle *

* Millennium Tower at First and Fremont streets is a dynamic, constantly shifting presence on the skyline.

The architect is Handel Partners.

<#photo-10690679> * Pat Dodson (left) and Jerry Dodson look out a window toward the construction of the Transbay Transit Center and Salesforce Tower from their condo on the 42nd floor of the Millennium Tower in downtown San Francisco, California, on Thursday, August 4, 2016. <#photo-10715715> * Photo: Michael Noble Jr., The Chronicle Image 1of/22
Image 5of 22 Satellite radar data show ground displacement in downtown San Francisco. The green areas indicate no detected movement, while points in yellow, orange and red show areas where structures are sinking.

Photo: Courtesy European Space Agency Image 3of 22 Aaron Peskin of the Board of Supervisors questions Department of Building Inspection officials during a meeting on Thursday, Sept. 22, 2016 in San Francisco, Calif.

The Millennium Tower, located at 301 Mission Street, is sinking.

Supervisors met with the Department of Building Inspection, among other officials for a hearing on the building, a 58-story condo tower which has sunk 16 inches since it opened in 2009.

Photo: Santiago Mejia Image 4of 22 A Fraste machine runs tests in front of Millennium Tower, a residential building which is leaning, in San Francisco, California, on Monday, Sept. 26, 2016. Sept. 26, 2016. Photo: Gabrielle Lurie, The Chronicle Image 5of 22 The glistening Millennium Tower a year after it opened in downtown San Francisco in 2009.

The high-end condo building is now sinking. Photo: John King Image 8of 22 Construction workers Malakai Fakalolo (left), and Will Halai (center) use a Fraste machine while doing tests outside the Millennium Tower, a residential building which is leaning, in San Francisco, California, on Monday, Sept. 26, 2016.

Engineer Patrick Shires (right) gives an interview.

Photo: Gabrielle Lurie, The Chronicle Image 9of 22 Workers do tests on the soil outside Millennium Tower, a residential building which is leaning, in San Francisco, California, on Monday, Sept. 26, 2016. Photo: Gabrielle Lurie, The Chronicle Image 11of 22 The Millennium tower on the left, across the street from the location of a new proposed plaza tucked into the southwest corner of the intersection of Mission and Fremont Streets next to the new Salesforce Photo: Carlos Avila Gonzalez Image 16of 22 Millennium Tower at First and Fremont streets is a dynamic, constantly shifting presence on the skyline.

The architect is Handel Partners. Photo: John King, The Chronicle Image 18of 22 The reflection of the Millennium Tower on Friday, July 29, 2016 in San Francisco, California.

The tower is currently facing structural issues causing a lean. Photo: Michael Noble Jr., The Chronicle Image 22of 22 San Francisco's sinking tower seen from space 1 / 22

SAN FRANCISCO (AP) - The European Space Agency has released satellite data that shows the 58-story Millennium Tower in San Francisco's is continuing to sink at a steady rate - and perhaps faster than previously known.

Scientist Petar Marinkovic who analyzed the data for the ESA said Monday it shows the Millennium Tower sunk 40 to 45 millimeters - or 1.6 to 1.8 inches - over a recent one-year period.

It sunk almost double that amount - 70 to 75 mm (2.6 to 2.9 inches) - over its 17-month observation period ending in September, he says.

[X]Close <#> Watch: San Francisco's "Leaning Tower" Sinking Faster Than Previously Thought