MURRIETA —— In the wake of a City Council vote that denied a Washington Avenue condominium project this week, Murrieta officials said Wednesday they hope the developer does not pull a repeat of last summer's actions, when the home builder sued the city.

Costa Mesa-based Alexander Communities filed a suit against the city and three council members in July after the city turned down its proposals for two Washington Avenue condominium projects. The projects were back before the council Tuesday. One was denied and another was approved by default.

The council voted 3-2 to deny Alexander's 64-unit condo project east of Washington and south of Fullerton Road. The councilmen sued by Alexander in July —— Warnie Enochs, Richard Ostling and Rick Gibbs —— again opposed the project. Mayor Kelly Seyarto and Councilman Doug McAllister voted in favor.

The council members deadlocked 2-2 on a 60-unit Alexander condo project at Washington and Lemon Street, which allowed a prior Planning Commission approval to stand. Seyarto and McAllister voted for the project. Enochs and Gibbs voted against it, while Ostling abstained from the vote because he lives in the vicinity.

The denied project raises the question of whether Alexander will again turn to the courts.

"I don't know if they will sue," Murrieta City Attorney John Harper said Wednesday. "I hope not."

The lawsuit against the city and Gibbs was settled in September. Enochs and Ostling did not settle, instead choosing to have the court clear their names. A judge threw out the lawsuit against the two council members last month.

The purpose of settling the original lawsuit and having the projects reconsidered was to try to resolve everyone's differences, Harper said.

Apparently, not everything was resolved late Tuesday night.

"I laid out my objections to their project … and offered Alexander a chance to redesign the project —— they declined," Gibbs said Wednesday.

Representatives of Alexander could not be reached Wednesday.

Gibbs said he voted against the 64-unit project because he wanted Alexander to put more space between the development and surrounding homes. In addition, he said he did not want two new projects similar to an existing Alexander project on Washington, Sonrisas, which some neighbors say is an eyesore.

Regarding a potential lawsuit, Gibbs said he hopes the city does not get sued and his offer to consider a redesigned project still stands.

However, Seyarto said the decision to deny the project leaves the city without thousands of dollars in road improvements that Alexander had agreed to as part of the proposal.

"We had it in the bag and then we blew it off," he said of the road money. "I'm not so sure what else is going to fit on that property."

Seyarto said he believes the Alexander project was the best possible choice for that land, which is zoned for multiple uses and allows condos, apartments and commercial uses.

McAllister said he does not like the multiple-use zoning. He believes it should be done away with in some cases because of the conflicts it has caused between high-density development and rural homes.

He said he did not want to vote for the Alexander project, because he believes it does not fit in with surrounding estate homes, but it does fit the zoning on the property and offers much-needed road improvements.

Enochs said he opposed the project because the developer never reached an agreement with neighbors to share and allow access to a well on Alexander's property.

He contends the well will eventually go out and a huge water truck will be needed to supply water to the four homes that depend on the well. But water trucks and other heavy equipment trucks needed to repair the well would have a tough time getting to it because there is only a "dinky" access road to get to the well, Enochs said.

Contact staff writer Laura Mitchell at (951) 676-4315, Ext. 2621, or lmitchell@californian.com.