Following months of controversy and delay, an agreement was approved Monday between the city of Ceres and Ceres Youth Baseball organization over fees and the use of the George Costa Baseball Complex at Smyrna Park.

Approval of the three-year agreement still leaves open the matter of the city correcting poor lighting conditions on Field #3.

The agreement offers CYB full access to Costa Fields from January through November for their recreational and competitive games, practices and tournaments. This access includes any practices, games, tournaments and all concession stand revenue. The city Recreation Department grants CYB priority access to Costa Fields from January to November each year but if external entities wish to rent the field during this period, the city may allow rentals based on CYB’s schedules and availability.

The contract is expected to generate $38,880 in revenue to the city annually to offset the estimated costs for water, electricity, lighting, and janitorial services totaling $36,736.

The contract calls for CYB to keep all gate fees and registration fees during the recreational league and tournaments and all concession revenues. CYB assumes all lawn maintenance as well as irrigation system maintenance and liability for players and spectators.

CYB will pay the city a $40 per player fee to offset the operation and maintenance cost associated with Costa Fields. The fee applies to all recreational league, Blaze and Sizzle players.

CYB has exclusive operational control over CYB batting cages and is solely responsible for all issues related to use, maintenance and supervision. CYB also is required to purchase general liability insurance for use of the batting cages.

CYB President Jorge Guerrero seized on the council agenda item to continue rehashing his claims that Councilman Daniel Martinez has been making life difficult for CYB since the two got into a heated argument at a Bel Passi game in Modesto.

Guerrero stated his disagreements over the bid he submitted from a contractor to correct the poor lighting conditions on Field #3. The lighting project has not taken place. Guerrero disputed the claim of City Manager Doug Dunford that the bid was invalid since it wasn’t based on prevailing wage law applicable to city government projects. Guerrero said on Monday: “It was prevailing wages because they knew the city was going to pay for it. So unfortunately there has been a lot of miscommunication – or I call lies – ever since the moment I started having issues with (Councilmember Daniel) Mr. Martinez on a personal matter.”

Guerrero wanted the agreement to call for the city to improve the lighting by the end of the year. But City Attorney Nubia Goldstein advised against locking the city into a financial obligation before it even formulates the next year budget.

Dunford said the city hasn’t set money aside for the lighting project but is putting its hope in talks with Turlock Irrigation District to explore seeking grants to install solar powered lighting for the entire complex.

“If we get the money from TID, we have to use it by the end of the year,” said Dunford on Monday.

Guerrero also suggested it wasn’t fair for the city to insert language into the agreement that the contract could be terminated if CYB is negligent when the same didn’t apply to the city.

“What about when the city makes a mistake?” asked Guerrero. “What about when a councilmember interferes with this?”

Specifically he wanted to know who would be responsible if an injury results from facility negligence, such as with bleachers or gates. Goldstein said the agreement only indemnifies the city regarding services or activities and not facilities. That was a reassurance to Guerrero. The exception, Goldstein said, is that CYB takes on the full responsibilities for the batting cages owned and operated by CYB.

Jake Torres of Alliance Building Solutions spoke to the council and said his firm is developing costs for full LED lighting retrofits at Costa Fields which includes solar shaded parking. He said installation of lighting could start four to six weeks from the date of approval. Goldstein advised the council that the project has budget impacts and “is not free.”

Councilwoman Cerina Otero expressed concern that the public was misled before she was elected to the council.

“This program is a great program for our city and I would hate for it to be ruined by lack of communication or lack of leadership,” said Otero. “So if we can just all work together going forward it would be appreciated.”

Councilman James Casey expressed concerns about how things have been handled with CYB.

“This is for the kids of Ceres to play baseball,” said Casey. “I can’t for the life of me understand why it’s so complicated. We have lights that need to be fixed. We have money that we move around in our budget for all kinds of different reasons.”

The council approved the agreement in a 4-1 vote with Goldstein noting “the lighting is still an outstanding issue – it’s not in this contract.”

Casey voted no on the agreement.

Special meeting set for Tuesday, May 27

As time nears for the adoption of the 2025-26 fiscal year budget, the council decided to cancel the Monday, May 26 meeting on Memorial Day and instead schedule to meet on Tuesday, May 27. Councilman James Casey noted that the council will need the time to review and formulate the budget, which must be in place by June 30. When he recommended having the meeting on Tuesday, May 27 instead, City Clerk Fallon Martin suggested letting city staff work up a special meeting date, in case department heads take an extra day or two off next to the Monday holiday. When she suggested a special meeting that same week, Councilwoman Rosalinda Vierra noted she’s not in favor because she’s away and won’t return until the next meeting of Monday, June 9.

Casey’s motion to meet on May 27 carried 4-1 with Mayor Javier Lopez voting no.