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The City Council directed opposing factions in the dispute over the Beth El development to meet with a mediator and find common ground and possibly a solution to their differences. 

At issue is a proposal to build a synagogue, school and parking lot on a 2-acre historical landmark at 1301 Oxford St. Neighbors, who have come together as the Live Oak Codornices Creek Neighborhood Association, oppose the project. 

LOCCANA members argue the development is too large and would create traffic and parking problems in the residential neighborhood. They also claim the project’s design would preclude a culverted section of Codornices Creek from ever being daylighted. 

Beth El members counter that the design of the project is sensitive to the creek and historical elements of the property. They also argue that the proposed structure takes up a smaller-than-average percentage of the 94,000 square-foot site. 

In addition the recommendation asks city staff to return to the council next week with a tentative schedule for two public hearings regarding opposing permit decisions related to the project made by two governmental bodies. One is the Zoning Adjustments Board March 8 granting of the use permit and the other is the Landmarks Preservation Commission’s denial of an alteration permit, which would allow existing structures on the property to be demolished.  

The council approved the recommendation by a vote of 5-2-2 with Councilmembers Kriss Worthington and Linda Maio voting no. Councilmembers Dona Spring and Margaret Breland abstained.  

Maio said she voted against the recommendation because it did not give the two parties enough time to work on their difference before the first public hearing, which may occur as early as May 29.  

“It seems to me there’s not enough time to find a mediator, get them up to speed on the issues and work with everybody’s schedules,” Maio said.  

Mayor Shirley Dean and Councilmember Mim Hawley said the tight deadline would move mediation along faster. “When you have a looming deadline you tend to try and meet it,” Dean said.  

Victor Herbert, a mediator with the nonprofit Berkeley Dispute Resolution Service, said outside mediation can be expensive and not always produce results.  

Herbert said in 1990, a dispute arose between an affordable housing developer and neighbors of a proposed Section 8 housing project on University Avenue.  

“Things got so bad, the City Council ordered mediation and the mediator came back to the city with a bill for $10,000 and no agreement between parties,” he said.  

Herbert said that in the case of the Beth El dispute, the mediator should be specialized in development and urban issues. 

BDRS frequently mediates disputes in Berkeley land-use issues but has chosen not to get involved with the Beth El issue because of the complexity of the problem and the high profile political attention its has received. 

According to Interim Deputy Director of Housing and Development Vivian Kahn, it has not yet been decided who will pay for the mediation services. 

Representatives from both sides of the issue said they agree mediation would help settle differences. 

Beth El member Harry Pollock said he was not surprised the City Council wanted them to participate in mediation. “We are going into the mediation process with an open mind,” he said. 

LOCCANA member Alan Gould said mediation seems like a good idea. “I dread the idea of mediation, but it’s the only way to reach a decision both sides can be happy with,” he said.  

Gould said he didn’t want to comment on what would be a good outcome for LOCCANA, but said some of the issues he would like to have discussed are the size of the buildings and the location the parking area.