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LEGOLAND CALIFORNIA

business WWW.CARLSBAD.ORG

Creativity in the workplace Modern Postcard employee creates art from recyclable products

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vol. 29, no. 2

Journal

Theme park unveils additions for 2012

tm

an award-winning, monthly publication of the carlsbad chamber of commerce

FEBRUary 2012

(Photo by Brian Meagher.)

Military mentoring program off to fast start By José A. López Editor Carlsbad Business Journal

Boots in Business, the Carlsbad Chamber of Commerce’s Military Mentoring Initiative, has hit the ground running, and is already placing active service members based out of Camp Pendleton into local businesses for job shadowing and mentoring. After launching in November, the program has attracted more than 30 participating businesses, willing to open their doors to spend time mentoring active servicemembers, allowing them to see what it’s actually like to be in the civilian workforce. One of the program's participants was Matthew Goodacre, a 25-year-old radio operator that is leaving the Marines in April after serving for nearly eight years. Goodacre spent several days over the course of a week shadowing and talking to employees at Air Products and Chemicals, AT&T, Datron World Communications and the La Costa Resort and Spa. Goodacre, who will be returning to his hometown in Wisconsin, plans to study Information Technology at the University of Wisconsin, Milwuakee with the hopes of pursuing a career in computer security. Goodacre said he decided to participate in Boots in Business because he

SEE MILITARY, Page 14

5934 Priestly Drive Carlsbad, CA 92008

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Boots in Business participant Matthew Goodacre (in blue) pictured with, from left, Datron World Communications employees Benny Bajoyo, Skip Catching and Paul Wilson.

Jazzercise opened its studio space, pictured above, to New Village Arts Theatre for five years, allowing the then-fledgeling company to find its identity.

At the Jazzercise building, NVA staged "The Playboy of the Western World," featuring, from left, Monique Fleming, Joshua Everett Johnson, Grace Delaney, Rachael VanWormer and Aurora Brito.

A TALE OF TWO PASSIONS How Jazzercise HELPED New Village Arts REACH THEATRICAL EXCELLENCE

O

By José A. López | Editor, Carlsbad Business Journal

ne is a well-known international company, a leader in the fitness industry whose winning formula of combining jazz dance with elements of resistance training, yoga, cardio boxing and Pilates has helped countless people stay fit and healthy since 1969. The other is a small professional theater company that came on the scene about a decade ago and quickly became a critic’s darling, gaining a reputation for staging thought-provoking and adventurous plays with a focus on strong ensemble work. From the outside, one would be hardpressed to find much to link Jazzercise to New Village Arts Theatre (NVA). In truth, however, New Village Arts owes much to Jazzercise. For five years, before landing its home in the Village of Carlsbad, NVA called a portion of Jazzercise’s corporate headquarters in Carlsbad home. During that time, the studio space that Jazzercise staff use to record the routines they send to their instructors and promotional video shoots became a theater, capable of seating up to 80 people. In that nontraditional setting, NVA staged several criticallyacclaimed productions, including Sam Shepard’s “A Lie of the Mind,” and Anton Chekhov’s “Three Sisters.”

Kristianne Kurner, NVA’s executive artistic director, said the time was invaluable to the then young theater company. Not having to worry about paying rent, utility bills and the other overhead costs associated with operating its own theater, New Village Arts was able to focus on its productions and on finding its theatrical identity, Kurner said. Jazzercise served, in a way, as an incubator for New Villarge Arts. “In those five years, we were able to build support for what we were doing and build up our patron base,” Kurner said. “When Jazzercise President we moved, we were already established.” Shanna Missett Nelson Kurner and her ex-husband, both graduates of New York’s Actors Studio Drama School, founded New Village Arts in 2001. Their first full production was held in the Granary in Magee Park. The theater group also held regular workshops at the Granary. When they were about to lose their space because it was going to be renovated, one of the students in the workshop suggested they approach Jazzercise about the space. That person was Jack Missett, husband of Jazzercise founder and CEO Judi Sheppard Missett. Jack Missett, a former television news reporter who has been active in the theater scene in San Diego and Orange County for many years, said he made no promises to the young theater group. “I told them right away that just because my wife and I own

SEE PASSIONS, Page 14

BUSINESS SPOTLIGHT

InXpress relieves shipping headaches Jenny runs an Internet-based business and ships products to customers all over the world. She’s frustrated because her packages often get held up in customs, annoying her customers. Rich ships five to 10 pallets per week all over the United States and experience tells him that at least one shipment a week gets re-classified by the carrier, resulting in increased costs. Furthermore, his shipments are periodically late by a day or two, which makes a lot of people angry. Rich, too, is frustrated. Talk to any business who ships and you’ll quickly find that Rich and Jenny, our fictitious and frustrated shippers, are more real than you think. Enter InXpress, experts in international small

Francisco Checa, from left, and Chris Lopez of InXpress. parcel and domestic LTL (less than truckload) shipping. “Our focus is on relieving the migraine headaches associated with shipping,” says Chris

Lopez, local owner of InXpress, a veteran-owned freight consulting franchise based out of Carlsbad and headquartered in Sandy, Utah. “We offer unique

shipping solutions that put time back in our customers’ day and money back in the till.” In our weakened economy, companies are stuck doing more with less and in many cases struggling just to keep the lights on. These businesses don’t have time to waste on becoming experts in shipping and logistics, said Lopez. “Our goal is to make them more profitable and that happens through training, streamlining processes and implementing a more cost effective strategy,” Lopez added. InXpress can be found in nine countries and has developed strategic and worldwide alliances

SEE INXPRESS, Page 14


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FEBRuary 2012

3

tED OWEN

WORDS OF WISDOM OFFICERS The Lund Team Chairman of the Board AT&T Chair Elect McBride Financial Advisory Immediate Past Chairwoman AKT, LLP Treasurer RAM Enterprises International Vice Chair of Member Services Howes, Weiler and Associates Vice Chair of Public Policy Poseidon Resources Corp. Vice Chair of Economic Development Sylvan Learning Center of Encinitas

President & CEO CARLSBAD CHAMBER OF COMMERCE

On the true measure of success

I don’t know who wrote “It’s Easier,” but it certainly is a true set of thoughts. He who is afraid of doing too much always does too little.

John Osborne Gina McBride John Lechleiter Mimi Gaffey Michael Howes, AICP Peter MacLaggan

Vice Chair of Business & Community Development Chris Ross

Tri-City Medical Center Vice Chair of Special Projects Jeff Segall Storrow Law, APC Vice Chair of Strategic Planning Lou Storrow

DIRECTORS

Charles 'Ben' Weseloh at the Weseloh Chevrolet site in Oceanside.

Despite loss of patriarch, Weseloh legacy continues

F

or many in North County, the Weseloh name is synonymous with automobiles. It’s no surprise, being that the family-owned company recently celebrated its 75th year of selling Chevy cars through numerous auto dealerships in San Diego County. Such longevity is no easy feat and the company continues to thrive. Now operating as Weseloh Chevrolet Kia in Carlsbad, Weseloh has expanded to sell several other makes of cars in San Juan Capistrano. The family, which is now into its fourth generation in the business, lost its patriarch, Ben Weseloh, on Christmas Day. He was 87. Through nearly six decades, Ben Weseloh — who first became a Chevrolet dealer in 1950 — established the Weseloh name in the region, expanding on the roots established by his father, Charles Bernard Weseloh, who turned his Ramona gas station into a subfranchise and, in 1936, a full Chevrolet dealer franchise. He later added a dealership in Escondido. Weseloh opened in Oceanside in 1940. That location moved to Car Country Carlsbad on Labor Day 1976. Ben Weseloh led the company since 1955. Since the beginning, Weseloh has operated on the “Golden Rule” philosophy, said Mike Weseloh, son of Ben and the current manager at Weseloh Chevrolet Kia. “Dad preached it and he loved it,” the third-generation automobile dealer said. “Naturally, that’s how we want to treat our customers and our employees, but my dad would extend it beyond that to include everyone we would come in contact with as a company. That’s the way he wanted us to do business, so that’s our philosophy.” Mike added that the company

continues to work hard to keep its well-earned reputation. “We want our customers to be happy with the way we do business,” Mike added. “It’s not easy, but we work hard at it because that reputation, earned by working hard to keep our customers happy, is what has kept us in business for a long time.” Things appear to be on the right track. Mike Weseloh has been nominated for the 2012 TIME Dealer of the Year Award. He’ll be at the 95th Annual National Automobile Dealers Association (NADA) Convention and Exposition in Las Vegas on Feb. 4. It’s a rare honor — one bestowed on only 50 dealers out of 17,000 nationwide. In 1990, Ben Weseloh was one of 60 dealers chosen to receive the award, which, according to his obituary, was the automotive award he was most proud of. Now, on to the KUDOS. KUDOS to all the finalists of the 2012 Annual Business Awards. The Chamber’s annual gala and dinner, which has “The Sky is Limitless” as its theme, will be held Feb. 17 at the La Costa Resort and Spa. Tickets are available at www.carlsbad.org. KUDOS to Steve Barr and Mayur Pavagadhi, owners of the Paon Restaurant & Wine Bar for opening up another great restaurant in Carlsbad Village. This time it’s Catch Carlsbad (660 Carlsbad Village Drive) which offers sustainable seafood and excellent sushi. Visit them online at www. catchcarlsbad.com. KUDOS to Souplantation Express for celebrating the first anniversary of its Souplantation Express quickserve restaurant in the Bressi Ranch Village Center, 2681 Gateway Road.

CARLTON LUND

Now that the new year is 1/12th gone and we have settled in, perhaps some thoughts on the true measure of success are appropriate. This little parody comes from John Maxwell in his book “Success One Day At A Time.” How do you measure success? To be able to carry money without spending it: To be able to bear an injustice without retaliating: To be able to do one’s duty when critical eyes watch: To be able to keep at a job until it is finished: To be able to do the work and let others receive the recognition: To be able to accept criticism without letting it whip you: To like those who push you down: To love when hate is all about you: To follow God when others put detour signs in your path: To have a peace of heart and mind because you have given God your bests: This is the true measure of success. *** Remember, as columnist Erma Bombek wrote, “Don’t confuse fame with success. Madonna is one; Helen Keller is the other.” *** IT'S EASIER It’s easier to settle for average than strive for achievement. It’s easier to be saturated with complacency than stirred with compassion. It’s easier to be skeptical than successful. It’s easier to question than conquer. It’s easier to rationalize your disappointments than realize your dreams. It’s easier to belch the baloney than bring home the bacon.

Carlton Lund

CHAIRMAN’S KUDOS

Chairman of the Board CARLSBAD CHAMBER OF COMMERCE

KUDOS to the Encinitas Sylvan Learning Center for being recognized by its parent company as one of the Top 10 centers in Student Academic Growth. The local center scored in the top 10 of all Sylvan Learning centers, which include more than 880 in North America. Encinitas Sylvan Center serves more than 6,000 students locally. KUDOS to Thom Underwood, a graduate gemologist of the Gemological Institute of America (GIA), who received the Accredited Gemologists Association’s 2012 Antonio C. Bonanno Award for his contributions to the international gem and jewelry industry. The award encourages ongoing research, education, and public outreach in the gemological field. Underwood will be honored on Feb. 1. Further KUDOS go to Underwood, who will donate his $2,000 winnings to the southeast San Diego-based Elementary Institute of Science (EIS), an organization that provides afterschool and summer programs focused on science to children in the community. His contribution will fund the transportation of 80 EIS students to GIA’s Carlsbad world headquarters to participate in the GIA Junior Gemologist Program. Send suggestions for kudos to Carlsbad Business Journal Editor José A. López at jlopez@carlsbad.org.

IS A

BR GHT

IDEA!

ADVERTISING HERE

For more info:Terry Thomas | Director of Sales & Marketing

(760) 931-8400 | tthomas@carlsbad.org

Beckman Coulter, Inc. Your Ops Manager Cal State San Marcos Katz & Associates Scripps Health Wells Fargo NRG West Solatube Global Marketing, Inc. Modern Postcard Colliers International Law Offices of Stephen M. L’Heureux Lexus Carlsbad La Costa Resort & Spa TaylorMade Golf Company SD Trophy Life Technologies Corp. LEGOLAND California Waste Management Westfield Strategic Results Group New Village Arts Theatre Torrey Pines Bank Carlsbad Sterling/Stone Realtors Grand Pacific Resorts, Inc. SDG&E North County Times

Dean Anderson Deb Beddoe David Bennett Joseph Charest Rebecca Cofinas Neil Crapo Ahmed Haque John Hanley Fred Hernandez Tucker Hohenstein Stephen “Hap” L’Heureux Gene Manganiello Paul McCormick Trisa Mills Niels Norby Carmen Rene Peter Ronchetti Ken Ryan Lara Saab Don Sando Alex Scollon Don Schempp Lee Sterling Tim Stripe Jim Valentine Peter York

ADVISORY COUNCIL Lola’s 7-Up Mexican Market City of Carlsbad CUSD Visit Carlsbad NCTD Camp Pendleton

Ofie Escobedo Lisa Hildabrand John Roach Sam Ross Bridget Hennessey Sandy Wilson

STAFF President & CEO Ted Owen Executive Vice President & COO Toni Padron Information Specialist Business Services Manager Vice President, Corporate & Member Relations Director of Communications Military Mentoring Initiative Manager Business Development Manager Art Director Member Services Manager Director of Sales & Marketing

Lynn Delanzo Bonnie Hoffman Bev Jorgensen José A. López Madonna May Kristina McMahon Edgar Rodriguez Kathy Steffen Terry Thomas

ASSOCIATES Journal Printing Advanced Web Offset

MISSION STATEMENT “The Carlsbad Chamber of Commerce promotes business through member services, educational programs, cooperative partnerships and legislative advocacy that balances economic prosperity with the quality of life.”

CARLSBAD BUSINESS JOURNAL 5934 Priestly Drive • Carlsbad, CA 92008 Ph. (760) 931-8400 • Fx. (760) 931-9153 chamber@carlsbad.org www.carlsbad.org

Published monthly by the Carlsbad Chamber of Commerce. Subscription price is deducted from dues of Chamber members.

index CITY UPDATE................................4 LEGAL LINES................................6 TECH TALK...................................7 GREEN SPOTLIGHT.......................7 MEMBER DIGEST.........................9 EXPAND YOUR KNOWLEDGE.........15 EDUCATION NEWS.......................16,17 REAL ESTATE UPDATE...................18 RESTAURANT GUIDE....................13 MEMBER MARKETPLACE..............19


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carlsbad business journal

www.carlsbad.org

CITY UPDATE

The City of Carlsbad is host to a 45-mile trail network that weaves through canyons, along lagoons and through nature preserves, providing the opportunity to stay fit, enjoy nature and walk to neighborhood parks, schools and stores. To help maintain and upgrade the trails, the city runs an Adopt-A-Trail program, which offers businesses a ready-made opportunity to benefit the community while promoting their company or organization as green minded. The program offers two ways for businesses or groups to get involved. One way is to maintain a trail segment for a year by weeding, keeping it free of trash, repairing erosion and removing graffiti. This “maintenance contract” involves a one-year commitment, including monthly inspections and an annual clean-up event in coordination with the city’s parks maintenance crews. The city provides the tools and training along with other

Companies can participate in the Adopt-A-Trail program in several ways, including by maintaining a trail section for a year.

LIZ KETABIAN

Businesses sought for Adopt-A-Trail program CITY NEWS

Park Planner and Trails Manager City of Carlsbad

needed materials, and you provide the muscle. The second way businesses and organizations can become involved is to donate funds for a specific trail improvement or project, such as footbridges, fencing, benches, informational kiosks or trail signage. These amenities provide an enduring trail enhancement and can often be combined with a corporate team building or volunteer service day event. Adopt-A-Trail projects range in contribution level from $500 to $10,000. The city is enhancing the trails around Lake Calavera. Several projects are available for sponsorship, including interpretive signs that explain the local history, biology, geology, watershed protection and other natural features unique to the site. Each interpretive panel requires a contribution of $1,200. Similar Adopt-A-Trail projects are available throughout the city, including: • Veteran’s Park—a picnic overlook valued at $5,000 • Carlsbad Oaks North Business Park Trail overlook—bench and interpretive sign, $2,000 • Ridgeline Trail—two benches at

The City of Carlsbad's Adopt-A-Trail program gives businesses a ready-made opportunity to give back to the community, while also promoting their company or organization as green-minded.

$800 each. Adopt one, or both • Lake Calavera—footbridge, $5,000 • Printing costs for 10,000 citywide trail guides and maps—$4,300 By participating in the Adopt-ATrail program, businesses benefit from increased community exposure. Recognition could include

acknowledgment at a Parks & Recreation Commission or City Council meeting, Adopt-A-Trail signage that identifies your company’s or organization’s support, or news releases and articles posted on the city’s website. Benefits and recognition are tailored to the level of sponsorship— the larger the project or sponsorship,

DEBBIE FOUNTAIN

Village scores well in Carlsbad satisfaction survey village beat

Housing and Neighborhood Services Director CITY OF Carlsbad

In the fall of 2011, BW Research Partnership conducted the annual public opinion survey for the City of Carlsbad. The main research objectives of the study were to assess residents’ perceptions regarding satisfaction with city services, quality of life, sense of community, safety in their neighborhoods, city government and city-resident communication. Reaching a new high, 98 percent of residents rated the quality of life in Carlsbad as “excellent” or “good.” Specific to the Village, the survey indicates that in a typical month, 94 percent of Carlsbad residents visit the downtown, with the majority visiting at least once a week (51 percent). Consistent with previous year survey results, 9 out of 10 residents who visit the Village rated their experience positively, with 43 percent indicating an “excellent” experience and 47 percent reporting a “good” experience. Big kudos to all of the businesses and property owners within the Village for the great survey results! You made the Village a big hit with Carlsbad residents in 2011! Here are a few other demographic points of interest about the Village from the opinion survey: — The percentage of residents

Carlsbad Village received high marks in the city's annual public opinion survey. About 94 percent of residents polled said they visit the downtown area at least once a month. who regularly visited the Village increased with length of residence. • Less than 1 year was 35 percent • 1 to 4 years was 41 percent • 5 to 9 years was 43 percent • 10 to 14 years was 52 percent • 15+ years was 64 percent — Sixty-Five percent of residents living in apartments regularly visited the Village as compared to 49 percent of residents in single family detached homes or condominiums and townhomes. Apartment dwellers were also more likely to rate their experience as “excellent.” — Residents of the 92009 ZIP Code were the least likely to report visiting the Village in a typical month.

For those that study the trends in the Village, the results were not surprising but still very pleasing. The Village offers a wide diversity of services and products, including a variety of exceptional restaurants. Small business owners offer top quality customer service, and maintain a “small town” feel that appeals to a majority of Carlsbad residents. While the survey results are obviously great and encouraging for the future of the Village, efforts will continue in 2012 to ensure that past revitalization efforts are sustained and that area enhancements remain a priority for the City. One of these efforts is the Village Revitalization Partnership program; a decision will be made and announced on the private,

non-government organization selected to lead this effort within the next month or so. The City will also continue with its efforts to provide for family-friendly events and activities in the Village, while pursuing other enhancement activities in the Village and adjacent neighborhoods. The annual survey results reflect that the Village has become a place worth going, and the place making efforts will continue into 2012 through the Village Revitalization Partnership program and other private-public partnership activities. If you have not already done so, take a day and discover, or re-discover, the Village. You might be pleasantly surprised by all the Village has to offer today and will offer in the future!

the greater the benefits and recognition. We welcome and value all levels of contribution, and I’ll be happy to work with you to improve the trails. For more information on the City of Carlsbad’s Adopt-A-Trail program, look on the City of Carlsbad website, www.carlsbadca.gov, call Liz Ketabian at 760-434-2978, or email liz.ketabian@carlsbadca.gov

CITY BRIEFS

Jefferson Street closure announced Jefferson Street between Marron Road and Las Flores will be closed to through traffic through June for construction on a new sewage pipe near the Buena Vista Lagoon. Residents in the affected area will be allowed to come and go, and Hosp Grove Park and trails will remain accessible, the city has announced. Most construction work will take place Monday through Friday, although Jefferson will remained closed seven days a week. Water and sewer services are not expected to be affected by the construction. City staff remind the public to drive carefully around the construction area and take alternate routes, when possible, to avoid traffic delays. During the closure, workers will install two new 4,200-feet-long pipes from the Buena Vista lift station to just east of I-5. In 2007 the pipeline broke causing a sewage spill.

City mulls raise for trash collection The City of Carlsbad is proposing improvements in trash services that would result in increased trash rates over the next five years. If the City Council adopts the rate increases at a public hearing on Feb. 14, 2012, the new rates will be effective on July 1 of each year beginning on July 1, 2012. The hearing will be held at 6 p.m. in the City of Carlsbad Council Chambers. This is a majority protest public hearing, which means the proposed rates will go into effect unless it is rejected in writing by a majority of property owners/ rate payers. For more information, visit www.carlsbadca.gov.


FEBRuary 2012

5

LEGOLAND lifts lid on 2012’s new additions Park holds annual media conference Swashbuckling pirates, clawed crustaceans and a motley crew of characters from a “galaxy far, far away” helped unveil the changes in store for LEGOLAND California Resort in the coming year — including a brand new water ride – that the theme park’s General Manager Peter Ronchetti announced at an annual news conference on Thursday, Jan. 19. Ronchetti also reported that the park’s growth eight-year streak continues, with attendance in 2011 setting a record with a double-digit jump from the previous year. Ronchetti attributed the growth to the park’s efforts to add new features. “We are always giving our guests something new to experience,” he said. “And when I say experience, I

“T

LEGOLAND California's Peter Ronchetti looks at a model of Pirate Reef, a new attraction (see rendering below) that will open at the Carlsbad theme park on May 24. truly mean that in every definition of the word – unlike some theme parks where you watch things happen

he biggest thing they are going to be excited about is getting to stand on board a large life-size LEGO pirate ship and they’re going to get really wet.

­— Project Designer Lindsay Burroughs

around you, we take pride in giving families an interactive personalized experience where each guest can say they are the ones to make things happen.” In 2012, LEGOLAND California will get a multimillion-dollar investment, including additions to its popular LEGO Star Wards Miniland, a new pirate-themed attraction to Pirate Shores that’s sure to make a big splash and Claws, a new exhibit at the SEA LIFE Carlsbad Aquarium that will feature lobsters, crabs and other clawed creatures. The most notable addition will be Pirate Reef, which is scheduled to debut May 24 and be accessible through both LEGOLAND California and the LEGOLAND Water Park. It will allow guests to get into watercannon enhanced ships that will allow them to do “battle on the high seas.” As they go around, they’ll have to avoid getting drenched on a main bridge and plunge 25 feet down a chute. “The biggest thing they are going to be excited about is getting to stand on board a large lifesize LEGO pirate ship and they’re going to get really wet,” exclaimed

Project Designer Lindsay Burroughs when speaking about what guests can expect of Pirate Reef. “Each ship is about 40 feet long and more than 20 feet high.” The popular Star Wars Miniland, which debuted last year to popular acclaim, will be enhanced on March 29, adding even more details to the iconic scenes that span across the Star Was universe. The additions include and underwater scene in the Naboo area with an opee sea killer, as well as a Jawa sandcrawler in Tatooine and rebels caught in a net set by Ewoks in Endor. Also added to the area will be a LEGO Star Wars Gallery that will feature 3-foot-tall models of 12 characters including Luke Skywalker, Darth Vader, R2D2, Yoda and Chewbacca. On Feb 20, LEGOLAND California will unveil two new models of Darth Maul to celebrate the release of “Star Wars: Episode 1 The Phantom Menace” in 3-D in theaters. “Claws,” a new interactive exhibit, will open at the SEA LIFE Carlsbad Aquarium in the spring. It will include five new displays with clawed creatures that include Japanese spider crabs, coconut crabs, lobsters and other crustaceans. Ronchetti also noted that

New Gateway to the World Carlsbad to LAX 6 Times Daily with Convenient Worldwide Connections

Parking Fee $5 per day

LEGOLAND California’s growth mirrors that of its parent company, Merlin Entertainments Group. This year, the company plans to open four new attractions, including a SEA LIFE Aquarium and LEGOLAND Discovery Center in Kansas City; a new LEGOLAND Discovery Center in Atlanta and a LEGOLAND Water Park in LEGOLAND Florida.

Lindsay Burroughs, the project designer on Pirate Reef, talks about the ride while handling the model. The attraction will feature large life-sized LEGO pirate ships.

San Diego’s

User fees vary, Customs Service Available 24 hours for International Flights

People in 'Star Wars' costumes helped Ronchetti introduce additions to Star Wars Miniland.

McClellan-Palomar Airport

2192 Palomar Airport Road • Carlsbad, CA 92011 • (760) 431-4646 phone • (760) 931-5713 fax

Call (877) 848-7766 “The Landings” Restaurant ........................ (760) 929-0200 Hertz Rent-A-Car ........................................ (800) 654-3131 Avis Rent-A-Car .......................................... (760) 931-1393 Skywest (United Airlines Reservation)....... (800) 241-6522 www.sdcounty.ca.gov/dpw/airports/airskeds.html


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carlsbad business journal

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LEGAL LINES This column will gives you the opportunity to tap into the expertise of attorneys who are members of the Carlsbad Chamber of Commerce. If you’d like to submit a question for consideration, send it to jlopez@ carlsbad.org. The responses provided in the article are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. A response in this article by an attorney does not create an attorney-client relationship between the attorney and the reader. The opinions expressed at or through this article are the opinions of the individual author and may not reflect the opinions of the Chamber, its employees, agents, directors or members — Lee Sterling, guest editor

Business Law (Transactional)

Property Law Alexander Maniscalco THE LOFTIN FIRM LLP

My neighbor put up a fence, which I think is partially on my property. What can I do?

Kelly Bagla, Esq. Bagla Law Firm

How do you know which business entity is right for you? It generally depends on what kind of business you want to conduct. The type of business entity should reflect the kind of business you do. The six most common business entities used are: • Sole Proprietorship • General Partnership • Limited Partnership • Limited Liability Company • C Corporation • Subchapter S Corporation Each have their own advantages and disadvantages. Sole proprietorships provide little to no limited liability protection from creditors. In a general partnerships, the general partner bares all the legal responsibilities with little to no liability protection. Limited partnerships do provide some limited liability, but can still be liable for the debts of the partnership. Limited liability companies provide wonderful limited liability protection for its owners as long as corporate formalities are followed. Corporations and subchapter S corporations also provide limited liability protection for its owners as long as all legal corporate formalities are followed. This information is very limited as it does depend on the kind of business you conduct. Before you consider forming a business entity talk to a business attorney first.

If the fence is off the property line, it needs to be moved--whether by mutual agreement or court order, via a “trespass” claim. This is where a problem can arise. Assuming the neighbor is trespassing onto your property with that fence, there are several ways they may permanently gain the right to keep the fence.

First, and above all, be neighborly! Your neighbor cannot instantly acquire your property by installing a fence. So, find out more by politely asking questions. Did they have a surveyor come out to identify the boundary? If so, ask to see the record of survey and have your own surveyor review it. If the neighbor did not obtain a survey for the property line, let them know your concern. You and your neighbor may want to split the cost of a surveyor to mark the property line, and remove the uncertainty.

Labor and Employment Law Michael W. Battin, Esq. NAVIGATO & BATTIN, LLP

I have a former salesperson, who took our customer list with him when he moved to another company in the same business as ours. What can I do to stop him from using that list? The answer to this question hinges on whether the customer list constitutes a “trade secret.” Generally, former employees can only be prohibited from soliciting clients if the solicitation is directly connected to the misuse (“misappropriation”) of trade secret information. Otherwise, this type of prohibition on solicitation will likely violate unfair competition laws. In order for information to qualify as “trade secret,” two requirements must be met. First, the information must derive independent value from not being generally known. Second, the information must be subject to reasonable efforts to maintain its secrecy. With respect to customer lists, the first requirement should be easily satisfied.

Equitable Easement Rather than ejecting the neighbor, a court will issue an easement 1) the defendant occupier is not willful or negligent, 2) the plaintiff property owner will not suffer irreparable injury, and 3) the hardship to the defendant occupier from ejecting them will be “greatly disproportionate” to the hardship caused the property owner by the encroachment. Courts have also used other theories, such as agreed-upon boundaries, prescriptive easements, or adverse possession to correct border disputes. The analysis of a potential property dispute springs from the situation. Like with most legal matters, property law disfavors people who “sleep on their rights.” Give an attorney a call, early on. A prudent attorney can help you choose the lowest cost way to solve the problem, while protecting your chances of success.

Information derives independent economic value if keeping it secret provides a “substantial business advantage.” A confidential customer list provides a substantial advantage because its disclosure would allow a competitor to solicit more effectively and efficiently. The second requirement is where the challenge commonly arises. There is no one measure that can be taken to establish the requisite level of secrecy. For example, including a “non-solicitation provision” in an employment agreement alone is not enough. Nor is simply labeling a customer list as “trade secret.” Rather, a multitude of factors are considered. A few examples of steps that can be taken to maintain the secrecy of customer lists include limiting access to the lists, including confidentiality and non-disclosure provisions in employment agreements that specifically identify customer lists as protected, and requiring employees to return all company materials upon termination. If both requirements are met, a company can seek relief through the courts, including an injunction prohibiting the former employee from soliciting its clients. However, if either requirement is missing, an attempt to prohibit the use of the customer list may be an empty (and costly) endeavor.


FEBRuary 2012

GREEN SPOTLIGHT

An 8-step plan to mobile marketing success

New waste diversion laws coming in July

1. Find available methods

Do you already have a successful website you can use as a platform for your strategies? Can you collect email addresses and cell phone numbers at a store? Once you’ve evaluated the methods at your disposal, you can start developing a plan of action.

2. Set reasonable goals

If you’re working at promoting a new business, you can’t expect to be sending out texts by the thousands in only a week. Pick goals you feel confident about achieving and put them in writing.

3. track your progress.

Google Webmaster Tools will allow you to see which customers are accessing your site from mobile devices, and will show you where they came from. If one method seems to be particularly successful, do what you can to expand it. If your bounce rate is high, you may want to redesign your site for mobile devices.

4. try new strategies.

Offer customers an extra incentive for clicking your links. Try using a mobile marketing channel you’re not currently using. Experimenting with different strategies will let you see what works for you.

5. Make adjustments

If people don’t seem to be responding to your SMS messages, make them shorter or change the way they’re structured. Try including images in your messages, and try removing them if you don’t seem to be getting good results. Developing solid mobile marketing

TECH TALK

Entrepreneurial Operating System Implementer EOS Worldwide

strategies is largely a trial and error process, and altering your strategies will make them stronger in the long run.

6. read UP

Technology is changing at a rapid pace, and with it, new marketing methods are being introduced. If you want to be a great mobile marketer, it’s vital that you stay up to date.

7. SET a long-term plan

A long term plan will allow your business to make a huge impact, and will let you build upon your previous marketing efforts. Sit down and plan your marketing methods for the next few months. Be sure to keep things fresh and interesting so that your subscribers don’t get bored.

8. don’t be afraid to ask

There are many communities for mobile marketers available online, and successful marketers share their knowledge regularly. When it comes to mobile marketing, there’s no such thing as a bad question. Find out what’s worked for others, and see if it’ll work for you as well. It’s more important than ever to take advantage of the opportunities that mobile marketing provides. This article will help you get started and to put your mobile marketing strategies into motion. Once you’ve mastered mobile marketing, you’ll see some truly incredible results. There are several members of the Carlsbad Chamber of Commerce community available to be of assistance with direct mail and mobile marketing campaigns. Reach de Jesus at mdejesus@eosprocess.com.

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table for eight

A Table For Eight provides an opportunity for 8 chamber members to meet for breakfast or lunch and learn more about each other’s businesses. A Carlsbad Chamber member hosts and facilitates the Table For Eight at a local chamber member restaurant. This program is open exclusively to Carlsbad Chamber members; and the only cost is the price of your meal. RSVP’s are required and can be made by contacting the person listed next to the date.

Thursday, February 16 Call Monique Gallagher 760.933.8019 Thursday, February 23 Call Julia Mira 760.621.4021 Friday, March 9 Call David Davis 760.621.4021 Wednesday, March 14 Call Serena Lissy 760.597.9677 Friday, March 23 Call Miguel de Jesus 760.438.9907 Friday, March 30 Call Carolyn B. Reinmiller 760.431.9565

California Assembly Bill 341, which sets new limits for solid waste diversion, goes into effect July 1st. Most important to businesses in California, the law requires businesses who generate more than 4 cubic yards of trash per week and multi-family complexes of five units or more to participate in recycling, either through a jurisdiction’s program, private company or by self-hauling recyclable materials to the recycler. These Mandatory Commercial Recycling (MCR) regulations were originally started under Assembly Bill 32 as a greenhouse gas (GHG) emissions reduction measure. In theory, the more we recycle or the more efficiently we use the resources we have already extracted from the earth, the more GHG emissions we keep from being generated. This is because the bulk of emissions generated during a product’s life-cycle occur when we are gaining new, virgin materials and preparing them for manufacturing. According to the World Resource Institute, approximately 40 percent of those emissions could be avoided by recycling and re-using the resources we have already extracted. But there are some issues which cause one to wonder if the GHG emission reductions gained from recycling are negated by the current recyclables re-manufacturing system, where: • 80 percent of the materials collected for recycling in California go overseas to be remanufactured. • The energy generation system in China and through out Asia is dirty, coal-fired power plants, which drives the GHG emissions way up. • Transporting the materials overseas and back again drives emissions up, more. • Little or no domestic re-manufacturing remains in the U.S. or California; and, • China has set a 75 percent recycling goal. As China builds a socio-economic middle class, their need for recyclable materials from the U.S. will decline. As my colleagues and I discussed the lack of markets for recyclable materials in California, and what happens when we no longer have China’s markets, we realized that we had a possible solution to California’s economic and employment situation. We formed a very diverse stakeholders group - Recycling BIN - Build Infrastructure

GREEN SPOTLIGHT

LYNN FRANCE

As an executive coach and business consultant, I come across many opportunities to assess and evaluate technology-based solutions. While implementing new technology can represent challenges and occasional risks at deployment, to ignore technology could be very costly to your top line performance. Mobile marketing — or targeting your potential customers or clients on their cell phones — is one of those strategies. Are you interested in mobile marketing, but aren’t sure where you should begin? This article will give you all the information you need to get started.

miguel A. de jesus

TECH TALK

Environmental Services Program Manager City of Chula Vista

Now which includes California businesses, recyclers, economic development specialists, recycling market development specialists, local government, state government and environmentalists. The Recycling BIN Coalition would like to see appropriate state agencies convene a special task force to plan and implement strategies that will move our recycling based economy from a majority export state to primarily domestic utilization. The Task Force should consider: • Providing business development capital for Recycling Market Development loans from sources such as cap and trade funds. • California manufacturers that use post consumer materials should qualify for tax credits on equipment purchases and materials used. • Lowering the barriers to business formation and expansion; reconciling conflicts within regulations/permits; developing a “Red Team” to work with businesses to guide them through California’s permitting process. • Promoting statewide infrastructure planning for compost and Construction & Demolition Debris processing facilities by working with local governments through regional planning and zoning processes. Recycling and recycled content-value added manufacturing are strategies that can assist in developing a more robust economy and helping the environment. As business leaders, we must continue to work to achieve prosperity and strengthen the economic health of our businesses, cities and state. A copy of the white paper is available from Frank Ferral of the Greater Stockton Chamber of Commerce at fferral@stocktonchamber.org.

SOCIAL MEDIA SErIES - MArCh Thursday, mar. 8

About the Presenter: Bridget

Blogging/Website

Ayers is a founder of Get Smart Web Consulting, which helps businesses create a comprehensive online presence through digital media to bring their products and services to a targeted audience. Bridget has received top sales and production awards, training and speaking awards, writing and blogging accolades, as well as a nomination for Entrepreneur of the year from her local community. Bridget is highly active online in more than 50 networks, forums, and communities. She writes about technology and digitally driven marketing tools. Though her first love is her blog “The Get Smart Blog”, her content has been syndicated and published on hundreds of websites, article sites, and blogs. With speaking engagements and panel discussions scheduled all over the U.S., Bridget also regularly participates in web based tech and social media shows.

Thursday, mar. 15 Facebook

Thursday, mar. 22 LinkedIn

Thursday, mar. 29

Twitter

All classes will be held at the Carlsbad Chamber of Commerce, 5934 Priestly Dr., Carlsbad CA 92008 from 10 a.m. - 12 noon For full description of classes visit www.carlsbad.org

For more info call: (760) 931-8400 or visit www.carlsbad.org

7

Chamber members: $30 per workshop or $105 for all 4* Prospective members: $60 per workshop At the door: $40 members • Prospective members: $70 * Sorry, no refunds for missed classes.


8

carlsbad business journal

www.carlsbad.org

Life Technologies sequencer can decode a human genome in one day

Hee Kyung Seo, winner of the 2010 Kia Classic tournament is interviewed by LPGA Commissioner Mike Whan after her win,

Kia Classic returning to La Costa Resort and Spa next month

Between the benchtop Ion PGM Sequencer and the benchtop Ion Proton Sequencer, the Ion Torrent technology can cover any application. The Ion PGM Sequencer is ideal for sequencing genes, small genomes, panels of genes, or performing gene expression profiling, for as little as $99 a chip. The Ion PGM Sequencer’s speed, simplicity and scalability also make it an ideal platform to extend into diagnostics. Life Technologies will seek FDA clearance for the Ion PGM platform this year. The Ion Proton Sequencer is ideal for sequencing both exomes — regions in the DNA that code for protein — and human genomes. The Ion Proton I Chip, ideal for sequencing exomes, will be available mid-2012. The Ion Proton II Chip, ideal for sequencing whole human

Tri-City buys former bank building

Encinitas Sylvan Learning scores recognized

The Tri-City Healthcare District recently purchased an .83 acre parcel of land at 4000 Vista Way in Oceanside. The sale was completed Dec. 29, 2011. The property initially will be used to increase parking areas to better serve patients and visitors. The former bank building, on the southwest corner of the Tri-City Medical Center campus, has been vacant for over a decade. The district initially considered acquiring the property through eminent domain, but was able to reach agreement with the owners — the 4000 Vista Way LLC — on a price of $2.25 million. The newly-acquired property ultimately will be used for the proposed future expansion of the 31-acre hospital campus. The hospital district also recently purchased a single-story, 6,123-square-foot building formerly owned by Rady Children’s Hospital at 4120 Waring Road in Vista for the same purpose.

EXPO Wednesday • March 21, 2012 • 2-6:30 p.m.

“Green Business showcase”

Tabletops Members

$399

Prospective Members

Skirted Tables • 2 Chairs • Electricity

sponsored by

genomes, will be available about six months later. In addition, the Ion Proton OneTouch system automates template prep and a stand-alone Ion Proton Torrent Server performs the primary and secondary data analysis. “Just six months after our first semiconductor sequencing chip was released, people used it to solve the German E. coli outbreak, sequencing the toxic strain in just a couple of hours,” said Dr. Jonathan M. Rothberg, the Founder and CEO of the Ion Torrent division. “Now, six months later we’re developing a chip that’s 1,000 times more powerful than that to sequence an entire human genome in about the same amount of time. That’s the power that semiconductors bring to sequencing.”

The Encinitas Sylvan Learning Center, which has been in operation since 1993, has won one of Sylvan Learning’s Top Academic Achievement Awards from its corporate parent. This award is given to centers that are able to demonstrate academic growth, as measured by standardized tests grade equivalencies in all reading and math content areas. Sylvan Bob and Chris Ross of Encinitas Sylvan Learning Learning Corporate determined that students in the Encinitas Sylvan Learning Center scored in the top 10 of all Sylvan Learning centers out of over 880 in North America. The award was presented to Bob and Chris Ross, owners of the Encinitas Sylvan Learning Center by Jeffrey H. Cohen, president and chief executive officer, and Lynn A. Fontana, chief academic officer of Sylvan Learning, at Sylvan’s Annual Conference. Bob and Chris have served more 6000 local students within their community. They employ certified teachers and are Western Association of Schools and Colleges (WASC) accredited. “This center has consistently demonstrated Sylvan’s highest standards in the delivery of educational programs,” said Fontana. “Recognized as one of the top 10 centers to reach academic excellence throughout the United States and Canada, we are proud that the Encinitas Sylvan Learning Center provides a proven system of instruction that helps its students to reach their full potential.”

Business is Green!

$99

Life Technology has unveiled its new Ion Proton Sequencer. (PRNewsFoto/Life Technologies Corporation)

EXPO

EXPO

The recently renamed and renovated Legends Golf Course at the La Costa Resort and Spa will get its first professional workout next month as it hosts the return of the Kia Classic from March 19-25. The LPGA event that will feature a 144player field of the world’s top women golfers vying for a $1.7 million purse. The Kia Classic launched in 2010 in La Costa, but moved to City of Industry near Los Angeles last year while La Costa underwent its extensive $50 million renovation, which gave the Legends Course — previously the South Course — four new holes. Now that the renovation is complete, the Kia Classic is returning. The tournament week will feature a qualifier, practice rounds Monday and Tuesday, a Wednesday pro-am and four competitive rounds Thursday-Sunday. “We are excited about the return of the LPGA and the Kia Classic to begin a new chapter in La Costa’s legacy,” said Paul McCormick, general manager at La Costa Resort and Spa. “La Costa has been synonymous with the top echelon of golf for more than 40 years, hosting 38 professional golf events. It is important that we keep its championship spirit alive.” Hee Kyung Seo won the inaugural Kia Classic at La Costa as a sponsor exemption in 2010 and was the 2011 Louise Suggs Rolex Rookie of the Year. In 2011, Germany’s Sandra Gal became a Rolex-First Time Winner with her thrilling oneshot victory over eight-time LPGA Tour winner Jiyai Shin at Industry Hills Golf Club. Tickets to the Kia Classic are now available at www.kiaclassic.com or by calling 1-888-SEE-LPGA. In addition to grounds passes, the Kia Classic is offering packages to the Champions Club, a shared hospitality venue at the 18th green that is perfect for entertaining clients or small groups. Daily Champions Club packages are $300 for each competition day (Thursday-Sunday) and include Champions Club access for two, complimentary food and beverage and a VIP parking pass.

The Life Technologies Corporation is taking orders for its new benchtop Ion Proton Sequencer, designed to sequence the entire human genome in a day for $1,000. Priced at $149,000, the sequencer — unveiled at the 2012 Consumer Electronics Show (CES) in Las Vegas — takes a process that, up to now, has taken weeks or months and hundreds of thousands of dollars and makes it faster and more economical. Baylor College of Medicine, Yale School of Medicine and The Broad Institute signed up for multiple of the new sequencers and will be the first customers to adopt this transformative technology. “A genome sequence for $1,000 was a pipe-dream, just a few years ago,” said Dr. Richard Gibbs, Director of the Human Genome Sequencing Center, Baylor College of Medicine. “A $1,000 genome in less than one day was not even on the radar, but will transform the clinical applications of sequencing.”

register online www.carlsbad.org 760•931•8400

Carlsbad by the sea resort & Conference Center 850-890 Palomar Airport road, Carlsbad, CA 92011


FEBRuary 2012

MEMBER WWW.CARLSBAD.ORG

sundowner

Ezia Human Performance hosting Sundowner on Feb. 15.

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DIGEST

what's inside

› Sundowner › First Friday › On The Move

› Renewals › Ribbon Cuttings › New Members

› And More...

SPECIAL PULL-OUT SECTION!

MEMBERSHIP COUNTS

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FEBRuary 2012

Mayors say CP Air would be good for region Airline has summer as target launch date California Pacific Airlines, the new company taking steps toward offering direct commercial flights to select western cities out of Carlsbad’s McClellan-Palomar Airport this year, will create 100 jobs in 2012 and a total of 1,000 new positions within its first 5 years of operation. That’s what the airline’s founder and Board Chairman Ted Vallas and President Lawrence A. “Bud” Sitting told the mayors of eight San Diego North County cities during a recent briefing and reception at CP Air’s corporate headquarters in the airport. According to California Pacific Airlines’ magazine, the mayors who attended the event were Matt Hall of Carlsbad, Jim Wood of Oceanside, Judy Ritter of Vista, Jim Desmond of San Marcos, Sam Abed of Escondido, Don Mosier of Del Mar, Lesa Heebner of Solana Beach and James Bond of Encinitas. During the presentation, Vallas and Sitting outlined their company’s operational plans to make CP Air the region’s hometown airline, detailing how the airline would benefit the region by adding jobs, new local business revenue and offer a better way for passengers to travel. “We continue to take the necessary steps forward to fulfill our vision to build California Pacific into a true community airline,” Vallas stated. “The support from our local leadership will be crucial in helping us make our airline a hometown success.” Vallas noted that in addition to creating jobs directly, CP Air will add to the economy indirectly as well, since flight crews will be based out of the area and will return to Palomar airport nightly. “We all know for every employed person, there are at least five others in support, contributing a variety of services, facilities and equipment,” Vallas said. The airline’s target launch date has been moved to this summer, said CP Air spokesman Tom Morrow, who added that the Federal Aviation Administration’s detailed certification process makes the projected timeline “more or less a moving target.” “Leasing arrangements for the first two planes have been negotiated, which means once they

T

Larry Anderson, Tri-City Medical Center Mehran Aram, The Aramco Group Julieann Billings-Riordan, JABR Marketing Solutions Louise Hay, Hay House Janet Jacobs, Anchor Audio, Inc.

Satellite-powered service provides unprecedented speed

Pictured, front row, left, California Pacific Airlines founder Ted Vallas and Carlsbad Mayor Matt Hall and CP Air President Lawrence A. “Bud” Sitting. Pictured in the top row are mayors James Bond (Encinitas), Judy Ritter (Vista), Lesa Heebner (Solana Beach), Jim Wood (Oceanside), Jim Desmond (San Marcos), Don Mosier (Del Mar) and Sam Abed (Escondido). Provided by Jeff Kassebaum Photography.

arrive at Palomar and we get the green-light from the FAA, flight-crew training can begin for that phase of the certification process,” Morrow said in an e-mail. “We should have the planes by spring. But, even that could change. Because of Federal safety and maintenance requirements, achieving airline certification is one of the most difficult processes anywhere. To ensure everything is of the highest standards of safety, this is a long, slow process.” Once it has approval to fly from the FAA, California Pacific Airlines expects to start flying to five cities: San Jose, Oakland, Sacramento, Las Vegas and Phoenix, with later expansions to Cabo San Lucas. Vallas said passengers flying out of the Carlsbad airport will save time and money, spending less time on the road and going through a state-of-the-art terminal. The airline will operate Embraer 170 planes, which offer multi-class seating and no middle

seats. CP Air chose the aircraft because it is one of the quietest airline fleets, complies with environmental specifications and meets Palomar Airport’s meet approach standards, according to the magazine. The city mayors had good words about the company. “I like the idea of a new employer in our area,” Vista Mayor Ritter said. “We really need more jobs in our communities. And, the ease of travel to Sacramento is something I’ll really look forward to.” Carlsbad Mayor Matt Hall hailed the facility, calling the airline a resource for all of the cities and for San Diego North County. “We need all the economic help we can get and this will be a great boost.” Oceanside Mayor Jim Wood concurred. “Not only will it give us an economic boost, but a better transportation corridor, and California Pacific will add much-needed jobs to our regions.

And the finalists are ...

he Carlsbad Chamber of Commerce is pleased to introduce the finalists of the 2012 Annual Business Awards. Join us on Friday, Feb. 17 to find out which of the area’s business leaders will be honored. For more information, go to www.carlsbad.org or turn to page 12.

Businessperson of the Year Finalists

ViaSat introduces Exede

Small Business of the Year (1-15 employees) Finalists Easy Life Management Fish Window Cleaning Gregorio’s Restaurant Joey’s Smokin BBQ Progressive Medical SD Trophy Solterra Lighting, Division of Seawind International, Inc. State Farm Insurance/ Britney Oates Sylvan Learning Center of Encinitas ToeSox Your Ops Manager

Medium Business of the Year (16-99 employees) Finalists Buckboard Catering Ezia Human Performance Integrated Applications, Inc. K-1 Speed The Loftin Firm, LLP

Large Business of the Year (100+ employees) Finalists

Community Leadership Finalists

California State University San Marcos Datron World Communications Hot Dog on a Stick Modern Postcard San Diego Gas & Electric Tri-City Medical Center

Mark King, TaylorMade Golf Company Judi Sheppard Missett, Jazzercise Ben Weseloh, Weseloh Chevrolet Kia

Lifetime Achievement in Business Finalists Mike Chamberlain, Chamberlain Property Management John Haedrich, TipTop Meats/European Deli Helen Kent, Progressive Medical

Entrepreneur of the Year Finalists Bridget Ayers, Get Smart Web Consulting Deb Beddoe, Your Ops Manager Elizabeth Perez, GC Green Ted Vallas, California Pacific Airlines

Environmental Spirit Finalists Anchor Audio, Inc. GC Green Life Technologies, Inc. Solterra Lighting, Division of Seawind International, Inc. Stater Bros. - Bressi Ranch

Nonprofit Association of the Year Finalists Boys and Girls Clubs of Carlsbad Hospice of the North Coast Mitchell Thorp Foundation New Village Arts Oceanside Museum of Art Project Walk Spinal Cord Injury Recovery Center Sustainable Surplus Exchange The Keep A Breast Foundation

On Jan. 16, Carlsbad-based ViaSat, which successfully launched its own satellite last fall, unveiled Exede, its satellite broadband service that gives millions of users across the United States broadband speeds of up to 12 Mbps (megabytes per second) downstream and up to 3 Mbps upstream. The new services makes good on the communication company’s promise to completely transform satellite broadband technology and allows it to compete with its other Internet competitors. The company’s rates starting at $49.00 depending on data allowance plans that start at 7.5 gigabytes. “With our new Exede broadband service, customers across the United States will have a way to get exceptional speed whether they live in a city, suburbs or a more rural area,” Tom Moore, senior VP of ViaSat said in a statement. “Our new Exede service speeds make us very competitive with wireless home broadband service as well as legacy DSL and many cable services.” The new satellite, Via-Sat 1, is only partly the reason for the new high speeds. The services also uses new web acceleration technology that speeds up page load times, which makes for faster web browsing, including streaming videos with fewer buffering delays, better, less-jittery video chat, and download and music streaming. According to ViaSat, Exede is “a major milestone in a process that began in 2008 when ViaSat introduced its next-generation satellite system, representing the most significant capacity leap in the history of satellite technology.” In addition to residential service, the new ViaSat high-capacity satellite system is designed to simultaneously deliver a wide range of enterprise and mobile broadband services. Professional customers can choose from a family of terminals for enterprise, on-the-move, and portable applications. ViaSat is also working with JetBlue to create in-flight broadband for commercial aviation, with a planned service launch by the end of 2012.


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carlsbad business journal

www.carlsbad.org

WELCOME NEW MEMBERS Financial Services

Pollakov Financial Group Dan Ryska | 760-500-4811 I help individuals, families and business owners ensure there are no obstacles that would prevent them from achieving their personal and financial goals.

Health & Fitness

Activ8 Athleticism William Meade Jr., MD | 760-476-1532 www.activ8athleticism.com Whether you are an athlete, fitness enthusiast or an individual needing physical rehabilitation, Activ8 Athleticism has a personalized training program to meet your needs.

Import or Export

JCA International Corporation Kyoko Wolf | 760-579-7607 www.jcaintercorp.com JCA is an importer and exporter in marketing frozen fruits and vegetables products. Our domestic and international suppliers and customers are located across more than 100 countries on six continents.

Internet Marketing

Incubate, Inc. Danny DeMichele | 760-494-0404 www.incubate.net Incubate.net offers both a service arm and standard Internet incubator where we infuse cash and/or services to help you grow a new business or launch a new product or service.

Non-Profit Organizations

Carlsbad Beach Fest Foundation Tammy Urie | 760-529-2479 www.carlsbadbeachfestfoundation.org Carlsbad Beach Fest Foundation Inc. educates North County San Diego communities about beach and ocean conservation and raises funds to support local coastal improvement projects.

Outdoor Furniture

Phoenix Phire Designs Cindy Paredes | 714-328-1346 www. phoenixphiredesigns.com Add a touch of elegance to your home with the help of Phoenix Phire Designs, your source for beautiful custom outdoor furniture. From our family to yours, our unique tables are customized to fit your needs and preferences and are built to last a lifetime.

Vacation Rentals (Monthly & Weekly)

North Coast Vacation Properties Julie Leposky | 855-487-4772 www. itrip.net North Coast Vacation Properties, an affiliate of iTrip.net, the world’s most innovative and fastest growing vacation property management company is now serving North County San Diego.

Real Estate Property Management

Trend Equity Group Coastal Properties Dale Machen | 760-689-2850 www.tegrp.com We have some of the best trained and certified agents in the area working under an experienced licensed broker who was born and raised in Southern California. All of our agents are high caliber professionals with extensive experience, knowledge and certifications.

NETWORKING OPPORTUNITES

THE CHAMBER SALUTES ITS DECEMBER 2011 RENEWALS Academy by the Sea/Camp Pacific Alisa Santa Maria Designs Allie’s Party Equipment Rental American Glass Fireplace Diamonds Ariniello & Associates Assessment Specialists Bagla Law Firm Boar Cross’n CEA, LLP Callaway Golf Candela Consulting Carlsbad Auto Service Carlsbad Dental Care Carlsbad Golf Center Christine Rinaldi Pet Photography Comprehensive Autism Services & Education (C.A.S.E) Copper Blue Creative Curves Carlsbad - North Customer Service Advantage Datamart Information Services Corporation Davis Associates/Realty Executives Elite Glass & Windows The Financial Team Kathy Hawley Estate Liquidation Services Hotchkiss & Anewalt Intercare Insurance Solutions Lauber Enterprises MTI Marketing North County Times Ocean Inn Hotel Pacific Home Remodeling Partnerships With Industry Polito Eppich Associates, LLP Pour Masters Bartending Service Dr. Brian Reagan & Associates Regents Bank Sam Wells Photography Shapell Homes Shipley, Robert L. Law Offices of The Shops at Village Faire SkyWest Airlines Strategic Results Group The Sweet Stop, LLC Sylvan Learning Center of Encinitas tw telecom Tarantino Gourmet Sausage TipTop Meats/European Deli Unipack Global Relocation Urbach Roofing Utopia Worldwide White Construction Zimmer Dental

EZIA hosting February Sundowner Mingle after work in one of the area’s premier sports training facilities as EZIA Human Performance hosts the next Sundowner, from 5-7 p.m. on Wednesday, Feb. 15. EZIA’s unconventional sports training club is everything but your typical gym. Whether you are fit or injured, EZIA offers private coaching, physical therapy, nutrition and world-class fitness to athletes and individuals looking to boost performance. Members can now focus, train and rehabilitate like athletes through EZIA’s personalized fitness program, the EZIA ESP Lifestyle. The company’s goal to enforce health and fitness

BEV JORGENSEN

H

FE

The return of Power Networking Power Networking will “Power Networking is at the heart return to the Carlsbad Chamof what the Chamber is all about — ber of Commerce’s First Friday getting out there and making conBreakfast on March 2. nections in the community to build This poular round-robin a strong foundation for successful styled event introduces likebusines,” said Bev Jorgensen, the minded professionals and Chamber’s vice president of corporate and member relations. helps them make strategic business connections, resulting in First Friday Breakfast is the Chamexpanded opportunities and ber’s premiere networking and broadened horizons. There’s business promotional event, and no speaker to give you time to one of the most regularly attended MARCH 2 meet other chamber members monthly programs. The breakfast and take control of your network-building future. will be from 7 to 9 a.m. March 2 at the Hilton As attendees arrive, they are assigned to a table Garden Inn Carlsbad Beach, 6450 Carlsbad Blvd. where they meet seven new people. Each person The cost is $30 for Chamber members who reggives his or her own 17-second ‘commercial.’ The table ister before Feb. 24. Afterward, the preregistrafacilitator keeps the conversation going by asking each tion cost is $50 and $55 at the door. Prospective person questions. Based on the answers, the facilitator members must contact Kristina McMahon at recommends participation in one of the Chamber’s 760-931-8400. many committees, and suggests creative referral and Tabletop exhibits or Soapbox presentations partnership pairings among table members. are available to promote your business for $70 Following this energetic exchange, each person each, which includes one breakfast, and must moves to a different table to meet seven new be reserved in advance by calling Kathy Steffen people. This lively interactive setting gives attendees at 760-931-8400. To register for March’s First Friday Breakfast, visit the chance to meet up to 14 other people, instead us online at www.carlsbad.org. of the usual seven.

Join us for coffee! ave you heard about the Coffee Connection? That’s the newest, free benefit for Carlsbad Chamber of Commerce members. It takes place from 8 to 9 a.m. on the second Friday of each month at the Chamber headquarters, 5934 Priestly Drive. We created this event to give our members the opportunity to meet each other and our membership staff in a casual, relaxed atmosphere. The first three pilot sessions turned into a provocative conversation with new and long-term members sharing their experiences as members of the Carlsbad Chamber of Commerce. Due to the success of the pilot sessions, we decided to offer this benefit to our members in a consistent manner. If you are a new member or an established member looking to connect with other members, please join us on the second Friday of each month, but you must RSVP. The coffee is on us (David DaCosta

as a lifetime (and lifestyle) effort. EZIA Human Performance is at 2052 Corte del Nogal, Ste. 160 in Carlsbad. This event is now only open to Chamber members for $5 each, cash only please. For more information or to donate a raffle prize, contact Kathy Steffen, at 760-931-8400 or ksteffen@ carlsbad.org. If you are a prospective member and would like to attend you must RSVP with Kristina McMahon at the Carlsbad Chamber. She can be reached at 760-931-8400 ext. 218 or kmcmahon@carlsbad.org.

Coffee Connection is Chamber’s newest benefit

MEMBERSHIP COUNTS

Vice President, Corporate and Member Relations Carlsbad CHAMBER OF COMMERCE

of Ocean Pacific Office Products is sponsoring the coffee on Feb. 10). The event is low-key and there is no set agenda, just the opportunity to chat with your fellow members and membership staff. To keep the size manageable, we’re capping the attendance at 30 each month. We require that participants RSVP with Kathy Steffen at ksteffen@carlsbad.org or by calling 760-931-8400. We hope to see you at the next Coffee Connection.

W

hether you’re looking for relief from pain or working to maintain a healthy lifestyle, outpatient physical therapy with Vibra Rehabilitation can help you get to where you want to go. At Vibra Rehabilitation, we believe you deserve more than an average provider. We believe you need a partner. That’s why our outpatient rehabilitation programs are centered on teamwork. Our clinicians will work closely with you and your physicians to understand your circumstances and customize a plan that enables


FEBRuary 2012

on the move

EVENT CALENDAR

• Alphatec Holdings, the parent company of Alphatec Spine, a medical device company that designs, develops, manufactures and markets products for the surgical treatment of spine disorders has named Mark Francois as its senior director of investor relations.

SMITH

SUMMERS

• The Oceanside Museum of Art’s former manager of programs and events, Tara Smith, has moved into her new role as Deputy Director. Mitzi Summers has assumed the position of manager of programs and events.

• Callaway Golf Company has established an advanced, creative position for multiple Emmy and Grammy Awardwinning actor, musician and avid golfer Justin Timberlake. A Callaway Staff Professional since 2008, Timberlake will lend his versatile talents as a creative director for the Callaway portfolio of brands. Timberlake will engage in the development and execution of high-level concepts within Callaway’s marketing activities. timberlake

Chamber Events F ree Score Business Counseling by Appointment Mondays & Fridays Chamber Closed

Feb. 1

• Government Affairs Committee

EBRUARY 15

e r n g a , h u t u n k s s s

11

BARROW

•The Southwest Regional Center of Canine Companions for Independence, a nonprofit organization that enhances the lives of people with disabilities by providing highly trained assistance dogs and ongoing support, has announced that Barbara Barrow is its new executive director.

carey

• Jenny Craig announced that it has re-branded itself as simply Jenny and that it has named Grammy-winning singer Mariah Carey as it’s new brand ambassador. Carey, the best-selling female artist of all time (she has more #1 singles than any solo artist in history) appears in advertisments for the company detailing her weight loss after giving birth to twins last year. She will also appear in PSAs, community programs, education and online activities for the American Heart Association’s My Heart. My Life. initiative, which the Carlsbad-based company is supporting.

• Business Resource Committee

Feb. 8

• Ambassador Committee • Ribbon Cutting Cavallo Motorsports

Feb. 9

• Table for Eight

Feb. 14

• Sustainability Committee

Feb. 15

• February Sundowner Ezia Human Performance

Linda LeVier | Laughter Yoga

Feb. 16

• Table for Eight

Feb. 17

• Annual Business Awards Dinner

Feb. 21

• Technology Advisory Committee

‘ROOKIE’ GETS HER AWARD

Feb. 22

Amy Swartz of McBride Electric displays her award as the Carlsbad Chamber of Commerce’s Rookie of the Year for 2011. McBride, who does marketing and business development for the company, was relocated to Texas late last year and unable to attend the ceremony honoring her achievement.

Feb .23

• Education Committee • Table for Eight

Feb. 28

• Armed Services Committee

MEMBERS IN ACTION

Vibra Rehabilitation - Carlsbad

Wolff Wiese Magaña 1925 Palomar Oaks Way, Ste. 200, Carlsbad 760-692-5192 www.wwmfinancial.com

3257 Camino De Los Coches, Ste. 202, Carlsbad 760-632-9300

training, therapeutic exercise, and other treatments • Therapeutic modalities such as traction, ultrasound, electrical stimulation and other pain relieving modalities. Whether you have acquired an injury playing sports, have undergone surgery for orthopedic conditions, sustained a whiplash injury, have chronic neck pain or back pain, or just want to maintain your health, outpatient physical therapy with Vibra Rehabilitation can help you improve your function and give you the tools to help you achieve your goals. To learn more, please call Vibra Rehabilitation-Carlsbad at 760.632.9300.

Feb. 7

• Coffee Connection

Why do you attend ribbon cutting ceremonies?

you to achieve your personal goals. Physical therapy involves the evaluation and treatment of physical disabilities. It is designed to improve physical strength, range of motion, daily living activities and functional ability. We deliver a broad range of clinical services with respect and consideration for your needs. Our goal is to work with you to help you achieve your personal goals. Treatments may include a variety of exercises and activities customized to your individual needs, including therapeutic procedures such as: • Manual therapy • Balance, coordination and gait

• February First Friday Breakfast

Feb. 10

AMBASSADOR OF THE MONTH

I enjoy attending ribbon cuttings because I see people who are enthusiastic about what their business has to offer our community. As I am driving to the location, I remind myself that I am attending their celebration as a representative of the Carlsbad Chamber of Commerce. I’ve been to ribbon cuttings for a variety of businesses. Each event increases my interest in the Carlsbad business community as I meet the people behind the products and services. I like to invite the new owners and their staff to attend the Chamber social events, informational classes and small group gatherings. I like to encourage participation in Chamber committees. I attend ribbon cuttings to get to know the people behind the business and let them know how the Chamber can help them be successful in our community. Contact LeVier at LindasLaughingHearts@gmail.com

Feb. 3

W

olff W iese Magaña, LLC is an independent financial advisory firm with a team approach to providing financial planning solutions for high net worth individuals and families. Located at 1925 Palomar Oaks Way, Suite 200, in Carlsbad, the firm has many North County clients as well as clients all across the country. Steve Wolff, Cliff Wiese and Catherine Magaña, financial advisors with a collective 45+ years of experience between them decided to start their own independent financial

advisory business. With the help of Kerry Harmon, a registered assistant and now office manager of the firm, they realized their goal of becoming independent. Wolff Wiese Magaña (WWM) knows what it takes to get through the many minefields of financial planning, wealth management, and generational wealth transfers. They attempt to detect and address the financial blind spots that might not be apparent to their clients. In this way, they are committed to helping clients plan for their financial futures and those of generations to come. Whether it be wealth or retirement planning, education funding,

efficient transfer of wealth to the next generation, maintaining a lifestyle in a tax efficient manner, rolling over a 401(k) plan or IRA, assisting with how social security and Medicare might interact with a client’s plan, or any other financial situation that might arise, they navigate the many options available to chart a course toward clients’ financial goals. They invite you to browse their website at www.wwmfinancial.com and to contact them to learn why they have earned the long-term trust and business of many respected business owners, corporate executives, retirees, and other individuals and families.


12

carlsbad business journal

www.carlsbad.org

PRESENTS

THE SKY IS

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SINESS AWAR U B DS AL U N DI N A NN prEsEntEd By 2 ER 1 0 2

Blast off with the Carlsbad Chamber of Commerce for an evening that’s out of this world. The theme of the 2012 Annual Business Awards Dinner is “The Sky is Limitless.” Join us as we honor the high-flying businesses, groups and individuals that continue to find ways to lift our economy and community. The event will also recognize the achievements of the 2011 Board of Directors and inaugurate the 2012 leadership team.

Cocktail attire — Complimentary valet parking

RSVP by January 30, 2012

awards will BE prEsEntEd For: • Businessperson of the Year • Entrepreneur of the Year • Business of the Year (small, medium and large) • Lifetime Achievement in Business • Community Leadership • Environmental Spirit • Nonprofit Association of the Year

sponsorEd By

For more information, call 760.931.8400 or register online at www.carlsbad.org


FEBRuary 2012

13

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14

carlsbad business journal

www.carlsbad.org

ASSIONS › PContinued from Page 1

ILITARY › MContinued from Page 1

the company, we can’t say you have to allow this,” said Missett, who is now an ensemble member at New Village Arts. “I told them we would have to treat this objectively and suggested they make a presentation.” Sally Baldridge, Jazzercise’s chief operating officer, said Jazzercise knew there were risks involved, but determined that it wanted to help. "We were excited about the opportunity to be able to help a young organization like New Village Arts get started,” Baldridge said. “It felt right to let them into our space and give them that opportunity to grow.” When they met, both companies found they had much in common. Judi Sheppard Missett was a professional jazz dancer and theater actress. While teaching classes, she wondered why many of her students would quickly drop out of her classes. She soon found out that the reason was that her students didn’t want to become professional dancers, they just wanted to look like they were. She re-focused her classes, keeping elements of dance but making routines that were simple, enjoyable and easy to follow. Jazzercise was born from that idea, Missett said. “I didn’t have a business plan or a blueprint for this to become a business,” she said. “That was never in my head. This evolved after I started doing what I loved to do.” After relocating to North San Diego County from Chicago, her business boomed. JUDI SHEPPARD Because many of the MISSETT women she taught were either in the military or married to military men, she soon started videotaping her routines, which helped Jazzercise expand and foretold its entry into the home fitness field. Today, the global fitness franchise has a network of 7,800 instructors and hosts more than 32,000 classes in 32 countries. In fiscal year 2009-2010, Jazzercise had its most successful year, with system wide sales topping $96 million. Jazzercise has also shown a commitment to the arts in the community. Part of

wanted to see if his plans for school would be the right decision. After the program, he noted, he’s even more determined to pursue his intended career course. “This program helped me to verify my career direction and clarified the educational path to take,” Goodacre said. “It was a very fun week to go out and experience different jobs.” Given his background in radio technology, Goodacre said he really connected with the people at Datron World Communications, a Vista-based company that provides radiobased tactical communications equipment to U.S. allies, including the Afghan military. Benny Bajoyo, Datron’s IT manager, looked over Goodacre’s resume and suggested some changes that will help him as he looks for jobs in his desired job field. Skip Catching, Datron’s Director of Customer Service, said the company signed up for Boots in Business because many of its employees come from military backgrounds, and know what the current generation of service members are facing. “We owe our young returning military men and women an opportunity to see what its like in our businesses and in our workforce,” Catching said. “They have given of themselves voluntarily to protect the life we have here in the United States, and the least we can do is give them an opportunity to see what we do and talk to them about jobs so they can start looking at how they can continue to contribute to the society in a productive way.” The program is free for the members of the military, and is also open to their spouses. Thecompanies that participate are not obligated to guarantee job placement or to pay them for the time. “There is no cost for us, all it takes is a willingness to devote a few hours to helping someone find what job is suited for them,” Catching added. Goodacre said that he learned a lot from every business that hosted him. “This program was amazing,” he said. “Everything was all set up for me. Every company in the program was very helpful with answering any of my questions. I would recommend this program to anyone.” If you are a business and are intersted in learning more about the program, contact Boots in Business Program Manager Madonna May at mmay@carlsbad.org.

The cast of New Village Arts Theatre's upcoming production of "Comedy of Errors" is rehearsing in the studio space at Jazzercise headquarters. that is reflected on the arrangement with New Village Arts, and the company also showcases the work of local artists in its headquarters. Judi Sheppard Missett said having New Village Arts at their headquarters also benefited her employees. “They have very creative people, and it really invigorated our people to have them around,” she said. “Our people got excited about it. We really enjoyed that and I was very honored and happy to be able to say that maybe I have made some kind of small contribution to their success.” Kurner said that in addition to providing the studio space, the relationship with Jazzercise helped the theater company grow as a business. Also, some of some Jazzercise's values, such as the focus on treating employees as if they were members of the family, finding a passion and then building a business around it and encouraging art in the community are ingrained in what New Village Arts is today. Though they are no longer based out of the Jazzercise building, New Village Arts sometimes uses it as a rehearsal space, as they did recently for rehearsals for the upcoming production of William Shakespeare’s “The Comedy of Errors.” “It’s like coming home for us,” said Kurner.

NOMINATED FOR NONPROFIT OF THE YEAR

THANK YOU FOR YOUR SUPPORT OF NVA THANK YOU TO OUR LEADING SPONSORS JACK & VALERIE

CUMMING

STEPHEN “HAP”

L’HEUREUX

TICKETS AVAILABLE ONLINE AT NEWVILLAGEARTS.ORG 2787 STATE STREET, CARLSBAD VILLAGE // 760.4333245

“We just shared so much here, and I think it helped us grow as a company.” Plus, Kurner added, whenever she has a business issue, she knows she can always turn to Missett and the Jazzercise staff for advice. These days, both companies continue to thrive. New Village Arts is currently in its 11th season, which showcases its ensemble. The season has already resulted in another critically acclaimed show for NVA, “Of Mice & Men.” Three shows are left in the season, including “The Comedy of Errors” from Feb. 11 to March 4 and a world premiere of an ensemble piece created specifically for the theater in June. And for its 12th season, NVA will be the first local theater to stage the Pulitzer’s Prize and Tony-winning musical “Next to Normal.” Jazzercise, meanwhile, is benefiting from a partnership with Cheryl Burke, a two-time winner of the popular television show “Dancing with the Stars.” Burke appears with Judi Sheppard Missett in “Latin Live by Jazzercise,” a DVD that will be sold as part of a DVD three-Pack on QVC, the televised shopping network later this month. Company President Shanna Missett Nelson, Judi’s and Jack’s daughter, will represent the company during the broadcast, which will take place at 9 a.m. PST on Feb. 15.

NXPRESS › IContinued from Page 1 with the likes of DHL Express, SAIA, YRC and more than 50 other carriers to handle shipments. Their concept is simple: world-class carrier-partners like DHL Express provide the pick-ups and deliveries, while InXpress provides a multitude of premium services. Their free services include: freight consulting, access to more than 50 carrier options at deeply discounted rates, local and personalized customer service, easy-to-use and Internet based shipping tools, and consolidated invoicing. In many cases, InXpress can save a business 10-30 percent on its shipping services. “It’s a huge win all around,” Lopez said. “When we walk into a business focused on impacting the bottom line and improving profitability, we position ourselves as a partner. We’re different. For example, we don’t subscribe to the notion of ‘adding value.’ That’s gibberish. Instead, we give away value at the start.” One happy customer, Garrett Robbins, shipping manager for Predator Motorsports in Vista, has been working with Chris and InXpress for some time now and they’ve helped him simplify the quoting and booking process for his shipments in addition to reducing his company’s shipping costs. “I have nothing but great things to say about InXpress,” Robbins said. “From their customer service to pricing, InXpress plays a very crucial role in our day-to-day shipping at Predator Motorsports.” Ask Lopez and he’ll tell you that InXpress prides itself on local and personalized customer service, a rarity in the industry. “When our customers have an issue of any sort, international or domestic, they don’t have to track down a carrier,” he said.

InXpress USA

2131 Palomar Airport Road, Suite 200-221 Carlsbad, CA 92011 858.492.7760 | www.inxpressusa.com

“They call us direct and we solve the problem. If we can keep them focused on what they do best, then we’re doing our job.” Lopez, a New Jersey native and Naval Academy graduate, takes pride in solving his clients’ business problems. “I served proudly in the U.S. Marine Corps where we wake up focused on two things – mission accomplishment and taking care of Marines,” he said. “That motto is alive and well in our business. It’s still about mission accomplishment and taking care of our customers and colleagues.” The InXpress team also consists of Francisco Checa - a bilingual Freight Consultant, former Customs Broker, and dual citizen of the U.S. and Mexico, along with Nancy Wright, a highly experienced Customer Service & Office Manager with expertise in shipping and freight. “Our small business is incredibly fortunate,” says Lopez. “Frank and Nancy are the type of people who you build an organization around. They’re always wired to put others first and make each customer feel like they’re the most important,” he adds. Sounds like a good recipe for any businesses. For more information about InXpress San Diego, email at infosd@inxpress.com or call toll free at 888-946-9773.

The Business Spotlight is a paid editorial feature. For information about getting your company in the spotlight, contact Terry Thomas at 760-931-8400 or email tthomas@carlsbad.org


FEBRuary 2012

15

EXPAND YOUR KNOWLEDGE

BUSINESS DEALINGS

Partner TOP SHELF DELIVERY AND STORAGE

Think about it. If, as a vendor, I promise to be a trusted partner to my client and ensure in writing that the level of service/product expectation will be met as we have mutually negotiated in good faith, I would expect to be pro-actively approaching my client months in advance of contract expiration to begin renewal discussions. Thus, why would I need an evergreen clause? It gives the appearance of entrapment, and in fact it is just that! In terms of enforcement, the clause is almost always upheld in a court of law, at least on the initial roll-over period. Short of negotiating an expensive buy-out of the contract, or documenting instances of the vendor performance failure (which can be time consuming and determined objective in a court of law), the customer remains married to an unwanted vendor. Take the time to carefully read any vendor contract that requires your signature. Look specifically for the evergreen clause and strike it from the contract. It’s as simple as drawing a line through it and having both parties initial the stricken language; it’s almost never a deal-breaker. Both parties can agree that upon expiration, the initial terms and conditions will remain in place on a month-to-month basis until when/if a new contract is executed. You need not have an attorney’s eye in order to be self-protected from this common contract entanglement. Reach Sonck at don@topshelfdelivery.com

Having an enthusiastic team of loyal employees who look forward to doing their job should be the goal of every employer. As a business owner who has built a successful national firm from the ground up, I believe it’s truly the people who a make a company. Melding a team of motivated employees into a high performance unit that has pride in their work , delivers fantastic service and helps grow the company is the ultimate goal. This requires a leadership team that understands that dedicated, hard-working employees are key to a prosperous company. Here are five key tips that I’ve used at my firm to build one of the fastest growing private companies in America.

1. Hire top quality talent

It is most important to seek out individuals who match your company’s personality. We seek people who are high energy, creative thinkers who really want to make a difference in their position. Experience is important, but a positive attitude and an eagerness to learn can often overshadow pure experience alone.

2. Treat your staff with respect

Often companies prefer to manage from a top-down approach focused on a “chain of command.” We break that chain as we focus on empowering our staff by providing the tools, training and teamwork to be successful. Our mission is to help each team member grow and take ownership of his or her job. Collaboration at all levels happens daily, regardless of job position. Our sole mission is to deliver outstanding service and solutions to our clients.

3. Inspire your team with a vision

As a leader, one must rally the staff members around a core mission. Paint this vision by giving your company a core identity that is larger than any individual. It’s a vision that everyone believes in and is committed to every day. For us, it’s a commitment to superior service. Everything we do and the fabric of our company focuses on what can we do to improve our service and give our clients a satisfying experience each and every day.

MANAGEMENT TIPS

ERNIE BRAY

Customer-vendor partnerships are the foundation of any business. One cannot support the other sans a level of trust and confidence, which more often than not is documented in a service agreement or contract. Typically, the duration of “agreement” is several years, and the language consists of any number of stipulations, clauses, legalese, and benchmarks outlining the services to be performed and/or products to be sold, as well as the associated pricing. More often than not, a brief review by the customer of a vendor agreement is focused on the pricing; the remainder of the terms and conditions glossed over as nothing more than “boiler plate” jargon. Such negligent business practices can result in serious repercussions beyond just buyer’s remorse. A business owner can be left at the mercy of a greedy, substandard vendor for years to come with little recourse. This trap can be avoided by ensuring the contract/agreement does not contain the one sentence that is employed by nearly every service industry in the country. The sneaky, parasitic clause has several aliases, the most common of which are “evergreen,” “automatic renewal” and “roll-over.” Regardless of the name, the clause stipulates that unless the customer notifies the vendor of its intent to terminate the agreement at least 60 days prior to expiration in writing, usually via certified USPS mail inclusive of return receipt, the agreement will renew itself for like term (that is, the same length of time as this original agreement). I can hear the collective “ouch” from my readers as you’ve completed reading this paragraph to this point! Indeed, failure to strike this language from any contract can lead to a painful experience for years to come. I’ve been on both ends of the evergreen as both a customer and a vendor, and I have always found it to be corrosive in forging a business relationship.

don sonck

Don’t get ‘rolled-over’ by Inspiring your work team your vendor agreement

Chief Executive Officer AUTOCLAIMS DIRECT

4. Reward your team

Recognizing and rewarding the achievements of your team is vital. Many companies skimp on salaries and bonuses to cut costs, but fail to realize that a happy and fairly compensated employee will be dedicated to your company. Leaders should take time to write handwritten thank you notes, provide flexible work schedules and aim to make the work environment a fun productive place to be. This will increase morale immensely and translate into a better work product and service to the clients as well.

5. Invest in your team

One of the essential components many companies fail to do is to invest in their staff. We believe that by increasing our team’s job-related skills through additional training classes, school and job development, we enhance both our employees’ skills and improve our team as a whole. Most employees want to grow their skills and careers, so when we invest in our staff, it helps them as individuals and our company in the long run. As a leader, it is imperative to let each person know they are a valuable piece of the puzzle that creates an inspiring work environment. Investing the time in your staff must be more than just lip service but a way of assuring each employee they are an integral part of your company. Reach Bray at ebray@autoclaimsdirect.com

SHARE YOUR EXPERTISE... with readers of the Carlsbad Business Journal

» We need your voice.

Are you a member of the Carlsbad Chamber of Commerce? If so, we’re looking for contributors to our “Expand Your Knowledge” section, which features articles on topics that our readers may find informative. The articles should not be advertorial in nature and they must address issues that could be of general interest to fellow business professionals. Articles must be between 400 and 500 words in length. For more information and to discuss your ideas for a column, email our Director of Communications José A. López at jlopez@carlsbad.org or call him at 760-931-8400.

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EDUCATION NEWS

Dr. FRANCISCO RODRIGUEZ

College program for former foster youth changes lives HIGHER LEARNING

President MIRACOSTA COLLEGE

Pictured on the MiraCosta College campus from left are Dominique Cleveland and three fellow former foster youth students- Cache Lynch-Sanders, Andrea Brown and Cynthia Carbajal, with their counselor, Jaymie Gonzaga.

“I

now have a nice apartment and food on the table. I reflect every day and count my blessings. One day I hope to be a counselor and help others discover paths to new and better lives.

This is a story of triumph. Dominique Cleveland, now 19, escaped from an abusive mother, entered California’s foster care system and still — against almost impossible odds — managed to become a successful college student. How difficult were the odds Dominique faced? While 70 percent of foster youth express a desire to attend college, only 10 percent actually enroll, and only 4 percent earn a degree or certificate. In contrast, within a couple of years after aging out of the foster care system, 40 percent will experience homelessness, spend time in jail or become dependent on public assistance. MiraCosta College faculty and staff are determined to change those odds — at least for the 100 former foster youth enrolled at the college — with support services designed to ease their pathway to academic achievement. “I am the first person in my family to attend college and the first person in my family to have a job,” says Dominique, who is now in her second year at MiraCosta College, and works in the college’s Extended Opportunity Programs and Services (EOPS) office and has a paid internship with the county’s Workforce Academy for Youth. “The staff and faculty at MiraCosta College have made sure that I don’t get lost in the system. They have helped me when I didn’t have food or even rent. They genuinely care about me—they have given me hope.”

Dominique Cleveland

Dominique can attest to how difficult it is to break away from the past and start working toward a college degree. She shares that she and her brothers suffered constant verbal and physical abuse throughout

Chairman’s Circle

childhood and into their teen years. “My Mom put a pillow over my face and hit me,” she said. “I managed to get away and jumped through a window. A neighbor called the police.”

Shortly after, at age 16, Dominique landed at the Children’s Shelter at Casa de Amparo, an organization with which MiraCosta College proudly partners. There, she reclaimed her self-esteem and finished high school. “When I graduated from high school, they had a big cake waiting for me and gifts like a suitcase I could use instead of the garbage bags I came with.” While many graduates rejoice over new computers, cars or gift cards, Dominique was very happy with her celebration and appreciated the suitcase for its practicality as well as significance: at age 18, foster youth age out of the system and are expected to live as independent adults.

Fortunately, a network of local organizations, which includes MiraCosta College, works to fill the void left by family dysfunction and assists former foster youth transition to self-reliance. “I now have a nice apartment and food on the table,” says Dominique. “I reflect every day and count my blessings. One day I hope to be a counselor and help others discover paths to new and better lives.” MiraCosta College is taking on the foster youth challenge through a multifaceted approach that combines counseling, skills coaching and networking. It is called Resources and Assistance for Former Foster Youth, or RAFFY, and it depends on community support. The program hosts a Foster Youth College Orientation Connection Day in which 100 students experience college for a day. They learn about vocational and academic courses, how to sharpen learning skills and about financial aid. Students are given an idea of how to plan a strategy that will lead to a degree or certificate or prepare them to transfer to a college or university offering a fouryear degree. Funding for the program is dependent on community support. The Leichtag Foundation has awarded the college a challenge grant for the program enabling all gifts for the program to be matched dollarfor-dollar up to $25,000. Gifts will be used to help these young adults achieve their dream of attending college and forge a better life through education. To make a gift to help former foster youth in your community attend college, go to foundation. miracosta .edu. If you have questions about the program please contact Linda Fogerson, the college foundation’s executive director, at 760-795-6775.

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become a member To learn how you can join Chairman’s Circle please contact the Carlsbad Chamber of Commerce at 760.931.8400 www.carlsbad.org


FEBRuary 2012

17

EDUCATION NEWS

The mission of the Carlsbad Unified School District, a global community of learners, is to guarantee that our students flourish in life as enthusiastic, confident learners through a world-class educational system characterized by vigorous personalized curriculum, dedicated teaching and total community involvement.

Dr. JOHN ROACH

School district is keeping kids smart, safe, secure

SMART

Superintendent Carlsbad Unified School District

To accomplish this mission, we use the SMART goals paradigm (goals are Specific, Measurable, Attainable, Realistic and Timely) to promote strong academics. Each school and teacher adapts instruction to the learning needs of students. All follow the school board’s dictum that every student makes significant yearly progress toward achieving appropriate and meaningful academic and essential life skills standards. From K-12, every student is taught through a standards-aligned curriculum.

CARLSBAD SCHOOL NEWS

How does this curriculum translate into everyday work? At Aviara Oaks Elementary, first-graders use small shapes to create geometrical shapes; for instance combining a yellow hexagon and two green triangles to create a parallelogram. Learning is reinforced with a game in which they identify three-dimensional shapes, vertices and planes. The kids are engaged and enlightened, reports Principal Kimberly Huesing. “Our teachers and support staff follow site goals for student academic success,” Huesing says. “We maintain a tight focus on student achievement.”

SAFE

An Aviara Oaks student enjoys hands-on geometry.

We are cognizant of the trust parents place in our schools to keep their children safe. We honor that trust in many ways. To protect students from outside intruders, this summer we used Prop P funds to shore up fencing at several sites. A recent lockdown exemplifies our emergency planning and response protocols. When, due to an electronic glitch, a parent relayed what was later determined to be an unfounded alert warning of a possible armed intruder on a middle school campus, we immediately directed all 14 sites to lock down. Once all campuses were searched and deemed safe, we lifted the lockdown.

We regularly practice comprehensive emergency drills. Children know to follow instructions calmly and quickly. Last spring, one elementary school responded to a fire alarm by filing out to the playground in an orderly fashion. After the cause was discovered, the principal told everyone, “It’s OK. Just a piece of burnt toast!” Amid laughter and relief, students and staff returned to classrooms as the principal thanked them for their composure.

SECURE

The District has partnered with We Tip (www.wetip.com) to promote safety, security and compliance with the law on campuses. We Tip supplements the Students Speaking Out (SSO) program, which was implemented by the district last year at secondary sites. We Tip offers anonymous telephone tip lines that students, families, staff and the public can easily access to report incidents of bullying, drugs, vandalism and weapons on campus, without fear of retribution. Information on workplace issues such as fraud and embezzlement also can be reported confidentially. Calavera Hills Middle students believe anonymous reporting is beneficial. Casey Kamholz says, “If you see something wrong like drugs or violence, you can call or text. It’s easy.” Jaid Holman adds, “No one knows it’s you so you don’t have to worry about people and their friends finding out and being mean to you.” Lucy Zheng concludes, “It gives everyone a safe environment. We can go to school and not be afraid. Just learn.” Lucy is absolutely right. To make sure our students have the opportunity to succeed in school, career and life, we must first provide a safe and secure learning environment. Now that’s SMART!

From left, CHMS Interim Principal Carol LaBrech with students Jaid Holman, Lucy Zheng and Casey Kamholz.

New fences were raised at several CUSD schools, including at Buena Vista Elementary School, pictured above.

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18

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REAL ESTATE UPDATE

How inventory restriction affects the local market housing Trends

tyson lund

Real estate brokers are noticing a shift in the San Diego real estate market. Many areas of the county have fewer homes for sale than in previous months. Professionals call this “inventory restriction,” and it is having a noticeable effect the Carlsbad market. An increase in the number of home buyer showings per available home. Average time to sell in the current market for non-short sale property has dropped by 33 percent to 60 days average market time. Brokers are finding multiple offers more common on their desirable listings, with the seller achieving near 99 percent of their asking price. Although it is much too early to call this the end to a long and brutal

$

Broker Associate the lund team

down real estate market, any signs of vitality has to be embraced by homeowners looking to make a move up, relocate or downsize their current obligation. As famous real estate billionaire Sam Zell will remind those who ask about the nation’s real estate

market: “Real estate is all supply and demand.” In the $900,000-and-under single-family residential home market in Carlsbad, supply is, for the time being, tight. Inventory levels for non-distressed properties are between 3.5 months and 4.5 months of available homes. This is a low level. This has helped to reduce market time and helped owners secure much of their asking prices. Several dynamics have helped reduce inventory in early 2012. Seasonally, the winter real estate market (October to December) often has fewer listed for-sale. December and January saw steady buying activity thanks to corporate relocation, low mortgage rates and reduced

winter prices. This bulk of the home buying activity is of homes priced under $900,000, with the average Carlsbad home sold between November and January at $600,000. This area of the market is seeing strong demand and readily-available financing. Carlsbad homes priced above $1 million are considered within the luxury home market, and the luxury market remains at standstill. In the past 90 days, only two homes have sold above $1 million, with two under contract. This leaves almost 30 months of unsold property in Carlsbad. Home buyers in today’s real estate market should be excited at the opportunity to purchase a home at record high levels of

affordability. The Housing Affordability Index (California Association of Realtors) ranks the current San Diego market a 42, a number that hasn’t been seen in San Diego since 1994 and 1998 (both historically considered excellent times to buy real estate). To give perspective, during the height of the market in 2005, San Diego got as low as an eight in the index. Carlsbad will see more homes come on the market in the coming months. Buyers should take the opportunity to personally view homes (less window shopping via the Internet) and get a feel for the area and neighborhood in which they will want to live. Reach Lund at tyson@lundteam.com

Real Estate Buzz

Carlsbad condo sales remain steady

Major changes made to VA financing

Carlsbad condominium and townhome sold prices remain flat through 2011 and early 2012. Thanks in part to low mortgage rates and greater affordability, attached property has found a pricing equilibrium. The average attached home prices in Carlsbad between November 2011 and January 2012 remain relatively unchanged from a year prior at $326,000. Home buyers found that with record low mortgage rates (curPhoto by Garrett Lund rently below 4 percent for 30-year fixed rate) the cost of owning a condo or townhome was often equal or better to paying current rents. Average time on market is around 55 days for traditional sale property. Short-sale’s are a large part of the attached market in Carlsbad making up 40 percent of the active inventory. Short-sales, ever the oxymoron, are averaging 155 days on market to sell. Short sale buyers often have flexible living situations (renting month-to-month) or investors with no immediate need to close. And there are rewards for those who wait the 3-6 months for bank approval. Short-sale homes often are discounted off market between 3 percent to as much as 8 percent.

San Diego now has new VA loan limits for 100 percent financing of $477,000 for 2012. However, VA has changed and approved lenders are now able to borrow up to $1 million for VA loans. The borrower just has to put down 25 percent of the difference between the sales price and the county limit. For instance, on a $700,000 property, the down payment required would be $55,750 ($700,000 sales price minus $477,000 county max loan amount times 25 percent = $55,750 down payment).

PALOMAR FORUM BUSINESS PARK

This is less than 10 percent down and no PMI (Private Mortgage Insurance)! A powerful change and a great alternative to conventional financing that would require 20 percent down on this priced home, as well as avoiding more than $650 per month for FHA. VA has also become more lenient in their qualifying guidelines, including debt to income ratios and credit score requirements. If you have ever served in the military, the new VA changes could be very powerful in your home search.

Fixed mortgage rates continue to fall Average 30-year fixed mortgage rates moved down to a record 3.88 percent at the end of January. These historically low rates are helping make real estate less expensive and are pushing affordability to an all time high. Real estate investors are cheering low rates, which are enabling the investors to achieve abnormal returns of 15 percent to 30 percent returns. Home builders are also cheering low rates. Investors are filling the void of

traditional buyers in a down economy by snatching up available foreclosures and short-sales at reduced prices. This helps soak up the worrisome “shadow inventory” and glut of homes left over from boom year speculation. After years of record low-building starts, some experts worry that some cities will not have the future inventory necessary to meet future demand. These areas may see a sharp increase in homes prices when supply no longer meets demand.

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Carlsbad Business Journal — Februrary 2012