This time around, Galeb emerged smiling and triumphant from a Dec. 15 city council meeting. He had good reason to be happy.

The Saratoga City Council had just unanimously overturned a planning commission decision and given permission to Galeb to go ahead with the construction of a two-story house on Seagull Way.

"I am happy that we have the permission," said Galeb. "I am happy that personal preferences were not imposed."

A beaming Slobodan Galeb, Tomo's father, said, "This was democracy in action."

At a contentious planning commission meeting on Nov. 10, the commissioners decided to deny Galeb's application by a 3-2 vote, citing the bulk and footprint of the proposed design.

After watching the tapes of that meeting, Councilman Norman Kline and Mayor Kathleen King had called for a review of that decision.

At the public hearing during the city council meeting, Galeb said that the planning commission decision suffered from a gross inconsistency. "It meets all the building codes and the zoning laws. There are no variances. We have neighbor support," said Galeb. "I want to be given the same rights that my neighbors have."

"I was here at the planning commission meeting and I could not believe what I heard," said Slobodan.

After the hearing was closed to the public, the city council members spoke in favor of the project one after the other. Councilman Nick Streit said that Seagull Way was a neighborhood in transition. "I have no problems with the two-story house. It blends in well with the neighborhood," he said.

Councilwoman Aileen Kao said that the bulk of the house was mitigated because the second floor had a bigger setback than the first floor.

"The design is beautiful and compatible," added Kline. "We are not here to pick the color of the tile in your house, or the architecture. We are here to help you."

Planning Commission Chairman Mohammad Garakani sat in the audience during the public hearing. He was not called on to speak by any of the city council members.

"I respect their decision," said Garakani after the meeting.