2011 - Orange County Automobile Dealers Association OCADA
Transcription
2011 - Orange County Automobile Dealers Association OCADA
SUMMER 2011 Volume 51, Issue 3 THE OFFICIAL PUBLICATION OF THE ORANGE COUNTY AUTOMOBILE DEALERS ASSOCIATION OC Dealer is a publication of Media Communications Group and is the of ficial publica t ion of Or ange Coun t y Au tomobile Dealers Association. OC Dealer is published 4 times per year by Media Communications Group. The statements and opinions expressed herein are those of the individual authors and do not necessarily represent the views of OC Dealer, or its publisher Media Communications Group. Any legal advice should be regarded as general information. It is strongly recommended that one contact an attorney for counsel regarding specific circumstances. Likewise, the appearance of advertisers does not constitute an endorsement of the products or services featured by Media Communications Group. 14 OCADA 47TH ANNUAL GOLF TOURNAMENT 4 Calendar of Events 6 President’s Message 10 Orange County Auto Theft Task Force 11 OCADA in the District 14 OCADA 47th Annual Golf Tournament 17 OCADA Welcomes Our New Dealer and 17 OPERATION HOMEFRONT Associate Members 17 OCADA Donates a Vehicle to Operation Homefront 19 Why is it Important to Contribute to the PAC? 19 2011 OCADA-PAC Honor Roll 20 Get to Know Your Legislator: 25 FACILITY IMPROVEMENTS Congressman Gary Miller 22 An Update from Capitol Hill By Congressman John Campbell 25 Facility Improvements OC DEALER is a Publication of the Orange County Automobile Dealers Association 3737 Birch St., Suite 220 Newport Beach, CA 92660 www.ocada.org Phone: 949-428-5050 Fax: 949-428-5054 SUMMER 2011 3 Board of Directors PRESIDENT Jon Gray Orange Coast Chrysler Jeep Dodge Orange Coast Fiat VICE PRESIDENT Bruce Hamlin Guaranty Chevrolet TREASURER Paul Conant Norm Reeves Honda Huntington Beach Calendar of Events Sept. 14 Steve Richards Sales Training Workshop Leasing as a Sales Tool, National University, Costa Mesa Sept. 15 Sept. 20-21 Sept. 22 Sept. 22-25 Northwood University Scholarship Golf Tournament Monarch Beach Golf Links, Dana Point NADA Washington Conference JW Marriott Hotel, Washington D.C. Dealer Preview Reception, Orange County International Auto Show Anaheim Convention Center, Anaheim Orange County International Auto Show Anaheim Convention Center, Anaheim IMMEDIATE PAST PRESIDENT John Patterson Huntington Beach Mazda OC Hyundai Tustin Mazda EXECUTIVE DIRECTOR/SECRETARY John Sackrison Orange County Automobile Dealers Association DIRECTORS Cliff Allen Allen Cadillac GMC Hyundai Mike D’Amato Tustin Lexus Paul Lunsford South Coast Toyota Allen Moznett Newport Lexus Tim Mullahey Fullerton Kia 1257+:22'81,9(56,7< Supporting students at the Northwood University/Cerritos College Program Center 21st Annual Scholarship Golf Tournament Monarch Beach Golf Links Dana Point, CA Thursday, September 15, 2011 Registration at 10:00 am Tee Off Time: 12:30 pm $295/person* • $1,180/foursome* Includes green fees, cart, course beverages, hors d’oeuvres, cocktails, dinner, awards, and prizes. *As a participant in the tournament, your payment in excess of $200.00 per participant is tax deductible. Sponsorship opportunities are available. Register by Friday, September 2 If you have any questions, please contact us at:: Bruce Sedlezky (714)227-2074 - bsedlezky@cncda.org Warren Mault (989)837-4349 mault@northwood.edu Online Registration/Payment & Information http://www.northwood.edu/alumni 4 OC Dealer WWW.OCADA.ORG Reach OC car buyers at every turn. From print to online to mobile media, our advertising vehicles fire on all cylinders. Flie\knfibf]n\Yj`k\jXe[e\njgXg\ijgifm`[\k_\ dfjk`e$[\gk_Zfm\iX^\i\c\mXekkfFiXe^\:flekp Zfddle`k`\j%@eX[[`k`fekfk_\Cfj8e^\c\jK`d\j# fli_pg\i$cfZXcglYc`ZXk`feji\XZ_XeX]Õl\ek# \[lZXk\[Xl[`\eZ\Xcfe^k_\ZfXjk 8e[#n`k_`eefmXk`m\X[le`kj#dfY`c\#\m\ek XZk`mXk`feXe[ZljkfdglYc`ZXk`fej#pflZXe Zi\Xk\XZljkfd`q\[gXZbX^\kXi^\k`e^Zfejld\ij pflnXekkfi\XZ_% ;feËknX`kÆ^i\\ec`^_kpfliX[m\ik`j`e^n`k_fli [`m\ij\gfik]fc`ff]gif[lZkjkf[Xp% Call Carrie Brown 714.966.7503 carrie.brown@latimes.com Print network Los Angeles Times (East Zone – OC) Daily Pilot (Newport Beach & Costa Mesa) Huntington Beach Independent Laguna Beach Coastline Pilot Online network latimes.com (geo targeted - OC) cars.com theOCnow.com DailyPilot.com HBIndependent.com CoastlinePilot.com Affiliate network Dana Point Times San Clemente Times The Capistrano Dispatch GreersOC.com PRESIDENT’S MESSAGE Orange County International Auto Show Jon Gray T he Orange County International Auto Show will be held September 22-25 at the Anaheim Convention Center. The Auto Show’s sole purpose is to excite our consumers with all the new vehicles we have to offer and create the demand to get them to our dealerships! Here are three Auto Show opportunities you don’t want to miss! 1. Free Email Ticket Program Take advantage of this program, send a free Auto Show ticket to all your customers to say thank you. Use the Free Ticket program as a way to help 6 OC Dealer WWW.OCADA.ORG promote or build excitement about new products. It is super easy to signup, all it takes is one call to Sean Taylor at OCADA. 2. Dealer Preview Party Join us for a private preview of the Auto show floor room 2pm–4pm Thursday, September 22nd. The Orange County Register will be giving away free ads! The event will include Dealers, Associates, Managers and Elected Officials. 3. Make sure your Manufacturer brings their “A” Game. Help us make this the best Auto Show around, ask your manufacturer for concepts, pre-production and tricked out cars to display in their areas. We will highlight the hot cars to the media and in our ads and promotions. The more exciting the exhibit means more consumers to your exhibit and then to your dealership. We look forward to seeing you September 22, 2011 for the Dealer Preview Party at the Orange County International Auto Show! Q Sincerely, Jon Gray President When it comes to legal matters, BKGG will steer you in the right direction. BKGG offers outstanding representation to auto dealers and their owners. BKGG has the largest jury verdicts in California for dealers against manufacturers. BKGG’s services also include prosecution and defense of manufacturer disputes, strategic defense of consumer litigation, dealership real estate acquisition and sales, and employment law. 2020 Main Street, Suite 600 Irvine, CA 92614 949.975.7500 www.bkgglaw.com You can’t predict change. But you can change your predicament. Markets shift. Regulations get revised. Lending tightens. And with each new wrinkle, doing business becomes that Ǥ ϐ ǡǯǯϐ can help. One with close to a century of experience. And one that’s here for you when you need to reduce risk, determine value, structure transactions, and more. Discover how we can make a difference to your dealership. Scott Swearingen, Assurance Partner 2030 Main Street, Suite 1400 | Irvine, CA 92614 (949) 221-4025 W W W . M O S S A D A M S . C O M Certified Public Accountants | Business Consultants Acumen. Agility. Answers. SUMMER 2011 9 O n June 16th the OCADA proudly sponsored the Annual Orange County Auto Theft Taskforce Officer of the Year Awards. The event recognizes police officers with the most stolen vehicle recoveries from each city culminating with awards for the top 5 officers in the county. Combined, this task force of officers recovered 197 vehicles in 2010. This year’s recipients were: 1. Officer Tom Carney – Buena Park P.D. 2. Officer Kevin Voorhis – Anaheim P.D. 3. Officer Jimmy Correal – Santa Ana P.D. 4. Deputies Troy Feeley & Dallas Hennessey – Orange County Sheriff’s Department 5. Officer Kenneth Pate – Westminster P.D. In addition to sponsoring the event, OCADA presented charitable contributions to the top five officers’ favorite charities. The top 5 Officers in Orange County receiving their awards at the Orange County Auto Taskforce Officer of the Year awards ceremony. ƵƚŽŵĂƚĞĚsŝƌƚƵĂůƐƐŝƐƚĂŶƚ <RX¶YH+HDUG$ERXW+HU 7KH3HUIHFW(PSOR\HH$UWL¿FLDO ,QWHOOLJHQFH:LWK*HQXLQH5HVXOWV 1RZ0HHW+HU )RUDSHUVRQDO LQWURGXFWLRQ FDOORUYLVLWKHUDW ZZZPHHWDYDFRP 10 OC Dealer WWW.OCADA.ORG in the District Assemblyman Don Wagner Luncheon Orange County Dealers met with Assemblyman Don Wagner to discuss current legislative issues affecting the Automotive Industry. Pictured left to right top row: Brian Maas, CNCDA; John Sackrison, OCADA; Dick Hsu, DCH Automotive Group; Frank Romano, Wilson Automotive Group; AJ D’ Amato, Newport Lexus; Mike D’Amato, Tustin Lexus; Vikki Murphy, Wilson Automotive Group Pictured left to right bottom row: Eric Phillips, Phillips Mazda; Assemblyman Don Wagner; Linda Rose Mongell, Tustin Nissan; Mark Parkinson, Tustin Buick GMC; Glenn Kashima, Tustin Toyota; Scott Voigts, 70th Assembly District. SUMMER 2011 11 We act as if what we do makes a difference, because it does. Dealer Benefit Solutions With PenBen you can rest assured that you have a trusted, experienced benefits leader behind you. Ron Joy rjoy@penben.com Alison McCallum amccallum@penben.com Mark Pattinson mpattinson@penben.com Eric Trost etrost@penben.com Serving Southern California employers for over 25 years. 23716 Birtcher Drive Lake Forest, CA 92630 888-661-0700 www.penben.com OCADA 47th Annual Golf Tournament T his year’s 47th Annual OCADA Golf Tournament was the best one yet! Players and guests enjoyed a beautiful day of golf on the Mesa Verde Golf Course, while enjoying the many exciting activities and contests on the holes provided by the sponsors. This year’s winning scramble team was from Saab of Santa Ana with a score of 60. The evening festivities continued with dinner, awards and this year in honor of our military, a vehicle was donated to Operation Homefront on behalf of the OCADA members. In typical fashion, our emcee and chairman, Al Parajeckas, kept the crowd laughing as he announced the tournament winners and raffle prize winners. It was a great day had by all! 14 OC Dealer WWW.OCADA.ORG 2011 Golf Winners 3rd Place ...........................................................................62 Card-off Cameron Truhn, Jerry Gonzalez, Alan Hurst, Larry Smith 2nd Place......................................................................................... 60 Greg Froneck, Steve Gordon, Bob Koontz, Alex Trachtman 1st Place .......................................................................................... 58 Jeff Linklater, James Renick, Leigh Silver, Nick Telliard Scramble – Dealer Flight 3rd Place ..........................................................................................62 Gary Alred, Bill Bailey, Paul Lunsford, Craig Whetter 2nd Place......................................................................................... 60 Sven Wood, Al Parajeckas, Mike Lake, Donnie Crevier 1st Place ............................................................................60 Card-off Steve Coleman, Alex Grivich, Bill Lowrey, Steve Parajeckas Longest Drive – Associate/Guest ...............................Brian Striff Longest Drive – Ladies ...................................... Cynthia Ferguson Straightest Drive – Dealer .............................................. Jon Gray Closest to the Pin – Dealer ...........................................KC Heidler Honest Duffer Award ...................... Oscar Bakhtiari; Henry Nodal; Ken Dowling; Darin Gonzalez SUMMER 2011 15 0DQ\7KDQNVWRRXUWK$QQXDO 2&$'$*ROI7RXUQDPHQW6SRQVRUV 'LQQHU6SRQVRU &RFNWDLO5HFHSWLRQ/DZQ%RZOLQJ6SRQVRU /XQFKHRQRQWKH*UHHQ6SRQVRU *ROI&DUW6SRQVRU 3ODWLQXP6SRQVRU %UHDNIDVW'ULYLQJ5DQJH6SRQVRU 0LOOLRQ'ROODU6KRRW2XW6SRQVRU +HOLFRSWHU'URS6SRQVRU 2Q&RXUVH6SRQVRUV 6SRUWV%DUN+ROHLQ2QH +LWWKH*UHHQ6SRQVRU 0DUJDULWD%DU6SRQVRU 7LNL%DU6SRQVRU 7HTXLOD%DU6SRQVRU 6LOYHU6SRQVRUV $QGPDQ\RWKHUVSRQVRUV« *RRGLH%DJ6SRQVRU Goodie Bag Sponsor $XWR7UDGHUFRP 6XQVFUHHQ6SRQVRU Sunscreen Sponsor &95&RPSXWHUL]HG9HKLFOH5HJLVWUDWLRQ 5HJLVWUDWLRQ*LIW6SRQVRU Registration Gift Sponsor 2UDQJH/LQH2LO *ROGHQ7HH6SRQVRU Golden Tee Sponsor 0\FXVWRPHUGDWDFRP &ORVHVWWRWKH3LQ&RQWHVW6SRQVRU Closest to the Pin Sponsor &8'/ Pick-a-Pin Sponsor 3LFND3LQ&RQWHVW 03, $25,000 Hole-in-One Contest Sponsor +ROHLQ2QH&RQWHVW6SRQVRU 7HH*UHHQ6SRQVRUV Tee/Green Sponsors $PHULFDQ)LGHOLW\$VVXUDQFH&RPSDQ\ &HOO\6HUYLFHV,QF &1&'$)RUP6RXUFH )UDQNHEHUJHU9DXVKHU&R&3$·V 86%DQN'HDOHU&RPPHUFLDO6HUYLFHV :HOOV)DUJR%DQN :XUWK86$ Longest Drive Sponsor /RQJHVW'ULYH6SRQVRU %DQNRIWKH:HVW 6WUDLJKWHVW'ULYH&RQWHVW Straightest Drive Sponsor 0LFKDHO/&R[$VVRFLDWHV 6SHFLDO7KDQNVWR$JXLUUH7HTXLOD,PSRUWV OCADA Donates a Vehicle to Operation Homefront T he Orange County Automobile Dealers Association was proud to donate a Dodge Caravan to Operation Homefront at the OCADA Annual Golf Tournament on June 6, 2011. Operation Homefront is a nonprofit that provides emergency financial and other assistance to the families of our service members and wounded warriors. Seven members of our nation’s military and representatives from Operation Homefront attended the evening festivities and accepted the generous donation. “The car donation stemmed from the fact that the date of our tournament was the anniversary of D-Day and it would be great to give back to our military in appreciation for their selfless devotion to the protection of America,” stated Jon Gray, Board President. Q Welcomes Our New Associate Members Cobalt/ADP Dealer Services Cobalt Group is an automotive marketing service whose mission has been to help automobile dealers and manufacturers increase their retailing effectiveness and profits. ADP Dealer Services is a division of Automatic Data Processing, Inc. that provides integrated technology solutions to dealers. Contact Violet Ward at (949) 370-0352 Fanggle.com Fanggle with Appmobile is a mobile and social media application that enables service appointments, notifications, coupons, allows for marketing of new/used car inventory, test drive appointments, gas finder, video, and messaging. Contact Edward Baryluk at (877) 403-2644 South Bay/Long Beach Group – Press Telegram South Bay/Long Beach Group is a division of the Los Angeles Newspaper Group and a multimedia platform serving the greater South Bay footprint. Contact Rick Langley at (562) 499-1217 Turn-Key Events Turn-Key Events provides advertising tools such as sales events to auto dealerships. They also provide their internet lead solution that uses artificial intelligence to ensure 100% effective lead communication, called AVA. Their AVA product has been a recognized and awarded product at dealer conventions such as NADA and Digital Dealer this past year. Contact Drake Baerresen at (866) 476-7748 SUMMER 2011 17 18 OC Dealer WWW.OCADA.ORG T Why is it Important to Contribute to the PAC? he OCADA-PAC allows us to have a much greater impact by collectively contributing to pro-dealer incumbents and candidates throughout the election cycle. No individual dealer has the time or resources to effectively do this; that’s why the OCADA-PAC exists. “Decisions are being made that affect our business and our industry. It is imperative that we participate in the political process.” OCADA PAC Member Benefits: Recommend which candidates receive PAC contributions. Personally deliver PAC check to candidates. Be recognized with every contribution made to the candidates. The OCADA-PAC is one of the best investments you can make in your business. Join your fellow dealers and support the OCACA-PAC. — Mitch Allen, Allen Cadillac GMC Hyundai OCADA-PAC...An Investment in Your Business Contact John Sackrison @ 949-428-5050 to Contribute. 2011 OCADA-PAC Honor Roll Chairman’s Club Cliff Allen Steve Coleman Dave Delillo AJ D’Amato Mike D’Amato Joe Ehlert Rick Evans Jon Gray Matt Gunderson Bruce Hamlin Roberta Hardin Roger Hogan Dick Hsu Paul Lunsford Bob Miller John Oh Al Parajeckas John Patterson Bill Piercey RJ Romero William Selman David Simpson Paul Swim Jeff Voechting David Wilson President’s Club Jim Graham Regular Donor Mark Dershem Jim Miller Mark Parkinson Theodore Robins, Jr. Join the OCADA-PAC Honor Roll and make your contribution today! SUMMER 2011 19 GET TO KNOW YOUR LEGISLATOR: CONGRESSMAN GARY MILLER 42nd Congressional District: Orange County Cities: Anaheim, Brea, La Habra, Mission Viejo, Placentia, Rancho Santa Margarita, Yorba Linda and other cities outside of Orange County. Committee Memberships: House Financial Services Committee House Transportation and Infrastructure Committee Personal: Mr. Miller resides in the city of Diamond Bar with his wife Cathy. Biography: Cong re ssm a n Ga r y G. M i l le r was first elected to the U.S. House of Representatives in 1998, and is proud to represent California’s 42nd Congressional District. Mr. Miller is a sen ior member of the House Financial Services Committee, which oversees the United States’ banks, stock exchanges, real estate market and insurance industry. He is Chairman of the Subcommittee on International Monetary Policy and Trade, which oversees i nter nat iona l moneta r y policy and international fi nancial and monetary organizations. Mr. Miller is also a senior member of the House Transportation and Infrastructure Committee, which oversees the nation’s 20 OC Dealer WWW.OCADA.ORG highways, railroads, airports and water infrastructure. As a member of these committees and a former business owner, Mr. Miller brings real-world experience to address the transportation, water and housing needs of the 42nd District. In add ition, he is work i ng to reduce the United States’ debt, create a fairer tax system, improve access to healthcare, ensure students receive a quality education, and stop the flow of illegal immigrants into our country. Mr. Mi l ler is chair man of the Building a Better America Caucus, a congressional organization promoting quality growth. He is also a member of the Republican leadership team as assistant whip. Mr. Miller was born in Arkansas, but grew up in Whittier, California. In his early twenties, he founded the G. Miller Development Company and met his wife, Cathy. They married in 1972 and raised three sons and one daughter. As his family grew, so did his business. G. Miller Development expanded from building single family and custom homes to eventually developing planned communities. In 1982, Mr. Miller was asked to serve on the board of directors of Sonrise Christian School. His service to the community was expanded in 1988 when he was appointed to the Diamond Bar Municipal Advisory Council. Upon the incorporation of the City of Diamond Bar in 1989, Gary Miller was elected to its first city council and served as Mayor in 1992. O n M ay 16 , 1 9 95, M r. M i l le r was elected to the California State A s s e m bl y. T h e r e h e s e r v e d a s chairman of the Budget Committee and the Ban k ing and Finance Committee, as well as vice chairman of the Transportation Committee. His d i s t i n g u i s h e d C a l i fo r n i a St a t e Assembly career is highlighted by 24 bills signed into law, successfully ne got i at i ng f u nd i ng of t he f i rst class size reduction program, and a balanced budget that reduced the business tax rate to 1973 levels while maintaining a $310 million reserve. District Office Contact Information: Address: 1800 E. Lambert Road; Suite 150, Brea, CA 92821 Phone: 714-257-1142 Fax: 714-257-9242 Email: gary.miller@mail.house.gov Website: http://miller.house.gov Steering your company from dealership floor plan expansion to retail solutions. Opportunity at every step. Success as a dealer requires a solid strategy and a sound effort. That’s why our Orange County client managers work closely with you every mile of the way. With more than 75 years of industry experience, we offer proven financial strategies and the full range of dealer-dedicated solutions: from floor plan financing, real estate and acquisition financing to retail credit solutions. All with one goal, helping you meet the needs of today and your plans for tomorrow. To learn more, contact a Bank of America Merrill Lynch Dealer Financial Services representative: Kelly Scarff Market Executive 1.714.792.9863 “Bank of America Merrill Lynch” is the marketing name for the global banking and global markets businesses of Bank of America Corporation. Lending, derivatives, and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation (“Investment Banking Affiliates”), including, in the United States, Banc of America Securities LLC and Merrill Lynch, Pierce, Fenner & Smith Incorporated, which are both registered broker-dealers and members of FINRA and SIPC, and, in other jurisdictions, locally registered entities. Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured * May Lose Value * Are Not Bank Guaranteed. ©2010 Bank of America Corporation. AN UPDATE FROM CAPITOL HILL BY CONGRESSMAN JOHN CAMPBELL Jobs and the Economy T hings are not so good out there. The unemployment rate, already stubbornly high, climbed even higher in May. Economists are revising economic growth predictions downward. Housing prices continue to drop, thereby further reducing household wealth. Real returns on bank deposits and Treasury Bills are negative. The dollar is dropping. Gas prices are up, inflation is up. There are some bright spots, certainly, but the overall picture is that of stagnation. Unfortunately, none of this is a great surprise given what the government has been doing of late. We are printing money and artificially holding down interest rates to try and spur recovery. But, this is creating those negative real (after inflation) interest rates, which are distorting capital flows. Most of the country’s tax policies expire in 18 months, so no one can do any long-term investment planning about taxes with any certainty. The government is retarding the development of almost all forms of economical energy (oil, gas, coal, nuclear), while subsidizing expensive wind and solar. We continue to run record deficits, which divert capital from other more productive uses and create the massive public debt overhang that retards growth. In almost every part of the executive branch, increased regulatory requirements and costs are driving foreign investment and jobs out 22 OC Dealer WWW.OCADA.ORG of America. The causes for this exodus range from ObamaCare and the Dodd/ Frank overregulation to the FDA, FCC, and just about every other agency with a federal acronym. So, what should we do? First of all, there is no one “silver bullet”. No one action will start the economy on a path to more robust growth and job creation. Instead, we need to do a lot of things. Things that will give everyone in and out of this country confidence as to our future path such that they build and create and hire again. If I were King of the Forest (not Queen, not Duke, not Earl - Wizard of Oz reference for those of you who don’t know), here is what I would do right now: 1. Enact a spending reduction plan, which I think should be even more aggressive and work more quickly than the Paul Ryan Budget plan, that puts the country on a firm and credible path to a balanced budget in less than 10 years. This should be done with spending reductions, entitlement reform, and revenue growth through economic growth, not tax increases. 2. Create a new long-term tax plan that has no expiration date. This should include flatter, lower tax rates with fewer deductions, similar to the “Optional Simplified Tax” which Paul Ryan (R-WI), Jeb Hensarling (R-TX) and I have introduced for several congresses now. Also, eliminate the death tax and the tax on U.S. corporations that repatriate money earned overseas. 3. Go on a domestic energy development binge as a part of an energy policy plan to make us energy independent. Take advantage of the many untapped oil reserves we have all over this country and offshore. Do the same with natural gas and coal and nuclear, as well as some alternatives, and eliminate/streamline the regulatory requirements to make this happen. Doing so should lower energy prices immediately because markets are anticipatory. But, even if it didn’t, we would create a huge number of high paying new jobs right now. 4. Create a U.S. manufacturing policy built on special depreciation rates and free trade agreements and relaxed labor regulations in order to encourage domestic manufacturing of complex devices. We are unlikely to manufacture many rubber toys in this country, but we can and should continue to make complicated things here and have the good paying jobs that come with them. 5. Repeal ObamaCare and major parts of Dodd/Frank, and ease regulatory burdens across the economy to remove impediments to entrepreneurship, new products, and new ideas. 6. Pass the Housing Finance Reform Bill that I am championing in order to give certainty to the future of 30-year home fi nancing. The economy will never have robust growth without the housing market leading the way. My bill can jump-start that needed growth. 7. Pass a number of specific bills to remove impediments and uncertainties, and create opportunities in many segments of the economy. This list includes things like reforming the FDA, rewriting the patent system, and increasing the number of H-1B visas, so that highly talented foreign individuals with advanced degrees from U.S. universities can stay and create new products and ideas here instead of doing it in some other country. 8. Put the nation on a path to universal, free internet Wi-Fi accessibility from coast to coast. The availability of free internet access will drive growth and jobs as the tech sector creates new products to utilize this capability. This is the technology equivalent of the interstate highway system. We can also create a new round of public infrastructure construction and rehabilitation by attracting private sector money through a new form of Infrastructure Master Limited Partnership. agreement. Note that nothing I have presented will create any government jobs. We have too many of those. We need private sector job creation. And that can only happen when the private sector can increase productivity, create new markets, and new products and new industries. Right now, the government is very inward looking. Everything the government does is about the government, how to make itself bigger, more powerful, and more controlling. This plan is the opposite. It is about getting the government out of the way in some cases, and having the government create an environment in which the private sector has new opportunities for growth in other cases. Q I remain respectfully, Congressman John Campbell OK, so that’s a start. I could actually go on. There is no shortage of ideas, just a shortage of leadership and Fisher & Phillips Value Many law firms talk about value as if it’s a new concept. At Fisher & Phillips LLP, our commitment to value dates back to the founding of the firm nearly 70 years ago. So how do we provide this value? We do only one thing: Represent employers in labor and employment matters. You benefit from our deep and broad expertise in the area of the law we know best. Fisher & Phillips attorneys at law LLP Solutions at Work® Our attorneys treat your legal problems as business problems, and help you avoid legal disputes. We are responsive, we are economical, and we reward our associates for quality work, not just for billable hours. We are national and local, with attorneys in 25 offices around the U.S. For more on the Fisher & Phillips Value Statement, go to www.laborlawyers.com/value. Irvine National First–Tier Rankings Employment Law – Management Labor Law – Management 2050 Main Street • Suite 1000 • Irvine, CA 92614 phone: (949) 851-2424 • toll free: (866) 424-2168 • fax: (949) 851-0152 www.laborlawyers.com Atlanta Charlotte Chicago Cleveland Columbia Dallas Denver Fort Lauderdale Houston Irvine Kansas City Las Vegas Los Angeles Louisville New England New Jersey New Orleans Orlando Philadelphia Phoenix Portland San Diego San Francisco Tampa Washington, DC SUMMER 2011 23 Any Accountant Can Count... It’s The One You Count On That Matters! Accounting & Compliance Tax Planning & Preparation Forensic Accounting Litigation Support & Expert Witness Mergers & Acquisitions Consulting (909) 597-1100 15325 Fairfield Ranch Rd., Suite #180, Chino Hills www.FVCPAs.com 24 OC Dealer WWW.OCADA.ORG Facility Improvements BY ALTON G. BURKHALTER AND ROS M. LOCKWOOD W hether a manufacturer can force a dealer to invest in costly facility upgrades as part of the manufacturers’ branding program is a serious question many dealers wrestle with. Manufacturers such as Mercedes-Benz with its Autohaus program and Chrysler with its Millennium Arch and related facility improvements have, in recent years, exerted tremendous pressure on their dealers to agree to costly renovations. In California, however, no manufacturer can force a dealer to agree to these facility upgrades. In fact, Vehicle Code section 11713.13 unequivocally prohibits a manufacturer “by contract or otherwise” from requiring dealers to materially alter or expand their facilities unless the manufacturer can prove it is “reasonable in light of all existing circumstances, including economic conditions.” Despite the clarity of California law, however, we have seen numerous instances of manufacturers at te mpt i ng to st rong-a r m t he i r dealers into agreeing to sign facility improvement addendums. In these situations manufacturers claim the dealers are obligated to agree to the improvements under the existing dea ler ag reements. More of te n than not, the manufacturers rely upon vaguely worded provisions in the underlying dea ler agreement which require the dealer to provide “satisfactor y” or “adequate” faci l ities that are comparable to what competitors a re usi ng. In these circumstances many dealers feel obligated to sign an addendum requiring a facility upgrade even if the improvements do not make good business sense. The bottom line is that dealers should not be reluctant to remind manufact urers that dea lers have for m id able protect ions under California law. Each manufacturer has its own agenda and program relating to facility improvements and many of these manufacturers tr y to entice dea lers to agree to facility renovations with what, on the surface, appear to be attractive incentives. However, it is worth consulting a law yer experienced with the sensitive nature of dealer/ manufacturer relationships before any dealer agrees to sign on to a manufacturer’s facility improvement program. Often times, impulsively accepting manufacturer incentive and agreeing to facility upgrades can trigger onerous consequences. On the other hand, thoughtful and deliberate negotiations are often all it takes to produce a facility improvement plan beneficial to both the manufacturer and the dealer. Q Alton Burkhalter is the founding partner of Burkhalter Kessler Clement & George, LLP. Mr. Burkhalter has extensive experience representing dealers in both negotiations and litigation with major manufacturers and has never lost a jury trial. Ros M. Lockwood is a senior associate with Burkhalter Kessler Clement & George, LLP, and a seasoned trial lawyer. Ms. Lockwood, along with Mr. Burkhalter, has represented many dealers in both civil trial cases as well as protests before the New Motor Vehicle Board. SUMMER 2011 25 Interes ng OC Auto Fact: OC Auto Dealers collected Sales Tax revenue of $396 million. On average, each Orange County Dealership collected more than $3.3 million in sales tax in 2010. $51 million went directly to Orange County Cities. Celly Services, Inc. Helping Dealers Comply with EPA/OSHA Regulations for 20 Years Hazardous Waste Management Illness & Injury Prevention Program Respiratory Protection Program Safety Inspection & Training Hazmat Release Response Planning Hazardous Waste Cost Recovery Phase I Environmental Assessment Newsletters on Emerging EPS/OSHA Issues Spill Prevention, Control, Countermeasures Plan Representation in OSHA Enforcement Cases (SR´XNYWXVIEGL]SYV GYWXSQIVWIRKEKIXLIQ 6IEGL IRKEKI]SYVGYWXSQIVWQSVIIJJIGXMZIP] XLERIZIVFIJSVI[MXLEGYWXSQFVERHIH QSFMPIWQEVXTLSRIETT Sam Celly, MS JD Registered Environmental Assessor Certified Safety Professional Certified Safety Professional & Registered Environmental Assessor Member OCADA, SMCDA, AICHE & AIHA 444 West Ocean Blvd., Suite 1402 Long Beach, CA 90802-4517 Phone: 562.704.4000 • Fax: 562.704.5000 Email: sam@cellyservices.com 26 OC Dealer WWW.OCADA.ORG 7IVZMGI'SYTSRW %TTSMRXQIRX7GLIHYPMRK 2SXM½GEXMSRW 6IQMRHIVW 6IGEPPRSXM½GEXMSRW 4YFPMGM^IHIEPWSRZILMGPIW )QIVKIRG]-RJSVQEXMSR +EW7XEXMSR0SSOYT 4S[IVJYP%REP]XMGW BY FANGGLE Insurance Risk Management Visit FandIResourceCenter.com to register for a free on-demand webinar outlining six principles to help your With our Streamlined Selling System®, increasing your F&I profits can feel like a drive in the country. F&I business succeed. Zurich HelpPoint is here when you need more than just insurance. It is our commitment to making it easier for dealerships to earn the maximum per vehicle retail possible. Through Zurich’s exclusive Streamlined Selling System® our Elite Performance dealership customers earned an average F&I profit of $864 per vehicle sold—with our top 20% earning an average of $1,208*. A local Zurich F&I specialist can help you achieve this same success through our proven income development program. Visit FandIResourceCenter.com for more tools and information or call Darin Haag, Regional Sales Manager, at 800-435-8842. Here to help your world. Products and services are underwritten and provided by member companies of Zurich in North America, including Universal Underwriters Insurance Company and Universal Underwriters Service Corporation. Certain coverages and products and services are not available in all states. *Results based on 2010 data. © 2010 Zurich American Insurance Company PRSRT STD U.S. POSTAGE PAID SALT LAKE CITY, UT PERMIT NO. 508 Orange County Automobile Dealers Association 3737 Birch St., Suite 220 Newport Beach, CA 92660 This magazine is designed and published by Media Communications Group | 1.888.745.4003 MORE PEOPLE READ THE REGISTER AND OCREGISTER.COM THAN WATCH THE BIG GAME. With a combined Register print and online audience of 1.1 million our products offer a tremendous scoring opportunity. In fact, where are football fans going to find the real story behind the big game? In The Orange County Register and on OCRegister.com. Base: 2,269,531 Orange County, CA adults age 18+ Source: Scarborough Los Angeles, CA Study R2, 2010 Get started today! Eric Brunelli 714-796-3564 ebrunelli@ocregister.com DELIVERING MORE THAN NEWSPAPERS NEWSPAPER ONLINE DIRECT MAIL MAGAZINE CUSTOM PUBLISHING MOBILE ACCESS
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