At its Feb. 17 meeting, the city council voted 2-1 to allow Regis to once again make its case on March 1.

The vote was 2-1 because Richard Lowenthal was absent and Mayor Sandra James abstained because of her relationship with one of the Oaks tenants.

Regis Homes requested the postponement because of Councilman Richard Lowenthal absence.

"It is important to wait until all city council members are present," said Ken Busch, project manager of Regis Homes.

The CCC, a grass-roots organization that opposes the project is scrambling to find potential tenants to move into the shopping center. A large ethnic restaurant and an anchor store are interested, according to CCC board member Robert Garten. Even Avery Construction Company, the property manger of Glenbrook Apartments across from the Oaks, is offering $500,000 to improve the Oaks Shopping Center.

"Like so many people involved in this issue, we do not think of ourselves as opponents of a development, but we are opponents of a change in use to a well-located retail center," said Brian Avery, whose family has managed the Glenbrook Apartments for 30 years. "We hope this shows our conviction that the Oaks is in a great location and just needs to be spruced up to enjoy economic recovery."

On March 1, the city council will decide whether it wants to reconsider the developer's plan to tear down the Tsunami Sushi restaurant and the Oaks Movie Theater to build 49 townhouse units.

At the meeting, Regis may also ask the council to consider two alternative plans. One is to construct 28 units and add 3,000 square feet of retail space to the west of Tsunami Sushi. The other is to build 35 units. Both proposals would retain the tenant space of Tsunami Sushi and the current width of Mary Avenue.

This has been an uphill fight for Regis. Even the request to continue the item to the March 1 meeting took the council almost 40 minutes to decide. City Attorney Charles Kilian said he never had such a hard time getting an item continued.

Wang voted against the continuance of the item, saying that the council should be able to decide during Lowenthal's absence. Vice Mayor Kwok originally opposed continuing the item but changed his mind after James suggested that the issue deserved a thorough debate. Sandoval voted in favor of continuing the item to March 1.

"Anyone who wants the city council to reconsider its decision should have the right to have the whole council debate it," Sandoval said.

The council rejected Regis' project on a 2-2 vote on Dec. 15. Mayor Sandy James abstained to avoid a "perceived conflict of interest." Council members Kris Wang and Patrick Kwok voted against it, while Lowenthal and Dolly Sandoval voted for it.

Busch said the developer deserves a second chance.

At the Dec. 15 meeting, "the city council discussed the benefits and their concerns about the proposal and never gave the applicant the opportunity to address the concerns," Busch said in a petition letter to the council.

"At the city council meeting, there were significant discussions and questions regarding the attempts to lease the vacant space on the western portion of the shopping center and the overall environment in Cupertino," Busch said. "We were not aware this information would be required and feel it would have an impact on the decision made by the council."