Bay area, tesla flexing its muscle tonight defying Alameda County orders at its fremont factory. Im ken bastida. And im elizabeth cook. Chopper 5 checked out the factory on friday, compare that to the employee parking lot today. Business as usual. But Juliette Goodrich spoke to one tesla worker whos ready to return. Reporter tesla was open today despite the skountys talks with elon musk about possibly reopening next week. Elon musk says theyre on realitying and arrest him i need be. Some employees say thats putting them in the middle of a power struggle. It appears the tesla factory is back to work. From chopper 5 we could see employees delivering supplies compared to last friday when the lot was fairly empty. Looks like theyre in business today. Tesla has not been given the green light to operate. Reporter one tesla employee who works on the main production line building model 3s and wanted to remain anonymous made the decision not to return to work over the weekend. He says he was following the countys health and safety guidelines but now he worries he may be fired. I was told that i was going to be removed from furlough, placed on unpaid leave and told that my Unemployment Benefits could be impacted by my decision not to return. Reporter sounds like you just want some sort of clarification and you want to follow the rules, correct . Yeah, i want some transparency. Reporter and with a newborn at home, he says he also wans to know there are safety precautions when he returns to the production line. You got up to four people working on a car at once. Everyone is using the same tools. You know, we have to wear masks, and the mask all it does is fog up your safety glasses. Reporter Health Officials have been working with tesla on a safety plan to reopen on may 18th. That was the original game plan. Are they flexing their muscle on this because they think they can and they can start earlier than other, say, Small Businesses in the area . Oh, im sure theyre flexing their muscle, and we got to make sure that were fair to everyone. And tesla does not get any special privileges. Reporter we asked the Alameda County sheriff if they would go in to arrest musk. Well, ill leave that up to were continuing negotiations. Im not going to plan to. Reporter tesla says it has a return to work playbook, safety and Health Guidelines for all of its employees. All of that information is posted on our web page. In fre moment, Juliette Goodrich, kpix 5. Today Governor Newsom said he was unaware production had resumed at the tesla plant. Again, its county led enforcement in these cases and to the extent their modifications are being violated, i imagine Alameda CountyHealth Department would be the first to check in with and well certainly be doing that as a followup as well today. And the Alameda CountyHealth Department says, quote, we are addressing this matter using the same phased approach we use for other businesses which have violated the order in the past and we hope that tesla will likewise comply without further enforcement measures. The move to reopen the tesla plant doesnt just raise safety concerns. It also raises questions about fairness to other businesses. The factory is near several other businesses who are following the rules and have been closed since the lockdown has been in place. If tesla open, so we should open too. If everyone closed, yeah, for safety, its okay, fair. But if some open, some closed, i dont think thats fair. Its putting workers at risk, i think. Im sure they havent done all the protocols that need to be done to keep people safe in that factory. The salon owner says she has been shut down since march 17th but still has to pay normal monthly rent to keep the business going. Weve been reporting on the next steps for reopening for several weeks now, but are we actually making any progress . Kpix 5s andria borba crunched the numbers to see how the bay area is doing, andria . Reporter well, ken, were talking about data, thats what governor gavin newsom would drive our move out of phase one into phase two, phase three and eventually a removal of that shelterinplace order. But there are criteria that need to be met and not every bay area county has reached them. There are five benchmarks that california and the bay area needs to move fully into phases two and three of the coronavirus response. The key areas of concern, number of cases, number of hospitalizations, testing, Contact Tracing and personal protective equipment. The problem areas in the bay area are the last three. This is the threshold counties are aiming for. 200 covid19 tests per 100,000 residents. Reporter in that respect, San Francisco is leading the charge with 164 tests per 200,000. The worst is Alameda County with just 28 tests per 200,000. The next problem is ppe. No bay area county has a 30day supply of masks, gloves, gowns and face shields on hand for health care workers. And the final problem is Contact Tracing. People who figure out and track folks who infected people may have been in contact with and isolate and quarantine them. We know that the more people are in contact with the public, theres a higher probability that they could contract the virus. Reporter theres an online course people can take to become contact tracers followed by hiring processes. San francisco has more than a hundred contact tracers, and Santa Clara County says it will need more than a thousand. We will also be keeping a close eye on the data, specifically, we will be looking at hospitalizations of covidpositive patients as our metric of whether to move forward with expanded Curbside Pickup and takeout. Reporter now, many bay area counties are eyeing may 18th, that is next monday, a week from today, as a possible loosening of the shelterinplace order, a slight move into phase two. But there are some benchmarks that need to be met before things can really begin to open up around here. Live in San Francisco tonight, andria borba, kpix 5. New evidence shows how the coronavirus is hitting harder in communities of color. The analysis First Published by the mercury news shows a third of the first 100 deaths from covid19 in Santa Clara County occurred in just four zip codes in east san jose. In each of these areas, theres a high rate of poverty, Inadequate Health care and jobs where people cant stay home. Its also part of the county with the highest concentrations of latinos. Its not surprising because you have the highest number of deaths and also the highest number of poverties in the same area. Theres a problem in our health care system. There are deficiencies and lack of care in our community for the working class citizen. Local leaders are pushing the federal government to provide Adequate Health care to vulnerable communities. Weather now. Little spring rain out there tonight as you look live at the golden gate bridge. Little low clouds, maybe its fog. I dont know. I have to go to a pro meteorologist, paul heggen, whos here now to find out. Hes been tracking those scattered showers. Hey, paul. Hey, ken, yes, some scattered showers for the first time in over five weeks. Its been well over a month since we saw measurable rainfall and theres shower activity out there right now. Its going to become more widely scattered as we head through the rest of this evening and tonight. The heaviest rain is falling in Solano County, Contra Costa County as well. Some light showers still rolling into san mateo county. Were tracking that as we head through the rest of this evening. Total amount so far under a half inch of. Stro santa rosa and0. 6 for the oakland airport. More rain chances over the next couple days. The details on those coming up in a few minutes. Paul, thank you. A packed united flight to the bay area is raising concerns about social distansing on planes. In response to a photo showing a full flight and little space between passengers, the airline is now rolling out a brand new policy giving passengers 24 hours warning if their flight is expected to be full and an opportunity to cancel or rebook. I would feel very comfortable if there were a person on my left and right. One of the passengers was right behind me. I didnt really like it. If it gets more crowded, ill feel uncomfortable. Well, united tells kpix it cannot always guarantee social distancing, saying, quote, given our significantly reduced schedule, we want to ensure that customers have an opportunity to get to their destinations, particularly in places where were only operating a single flight per day. So some flights may have more customers on board than others. Up next, the Heated Exchange at the white house between a cbs reporter and the president. And maybe thats a question you should ask china. Sir, why are you saying that to me specifically . Im not saying i just was trying to be quick about it because i didnt know how much more time he had in the water. Plus, a chp officer who saved a hiker who was about to go down a sierra waterfall. Plus, glowing waves, what is causing this amazing phenomenon on the california coast. Also ahead, whats the plan for wine tasting . The wineries hard at work getting ready. I think were going to call it distancing because were still going to be social. Were trying to be social. And more grads to honor tonight. This is caitlin buck headed to San Diego State in the fall after graduating from Mercy High School in burlingame. Good luck, katd lin. Email your photo to us at 2020grads cbs. Com. Include their name and a Little Something about them. A lot of fastmoving water out there and a scary water rescue by an offduty chp officer. Brent donnelly and his wife were hiking near angel falls just south of yosemite in madera county. They spotted a man stuck in some rapids and couldnt get out. Donnelly used the backpack he was wearing to save the man from going over that waterfall. Its a crossing. So i took the strap spring out of it and we tied the two pieces together. I had my soninlaw grab one side and i grabbed the other. We stretched it out the make sure it was Strong Enough to do what we were about to do. I wasnt panicked at all. I just was trying to be quick about it because i didnt know how much more time he had in the water. Cold wat too afr about ten minutes, that man finally made it to solid ground. The Sheriffs Department says that last year 90 of its water rescues were at that waterfall. Live look at the Richmond San Rafael bridge right now. Still pred pretty cloudy out there. Chief meteorologist paul heggen is tracking some showers still lingering tonight, paul . A few showers out there, especially for the east bay at the moment. A chance of showers going to be with us at any point degree the night and any point in the next couple days. Overall we expect the best rain chances tomorrow and wednesday to shape up over the north bay. Right now, most of the activity over the east bay. Lets look at high def doppler. Rain making its way out of Solano County towards sacramento. More much needed rainfall around concord extending down towards 880, 580 as well. Were going to be watching those showers continue to make their way farther to the east and northeast. Theres not as much happening for the south bay. Theres still some shower activity in the Santa Cruz Mountains as that onshore flow squeezes out more moisture. This activity going to continue dwindling over the next couple hours. Futurecast anticipates that. Still a few showers possible by 11 00, but fewer and farther between. Another chance of showers early tomorrow morning. This is real hit or miss stuff making its way from the same direction, moving onshore xshg then a few isolated showers during the afternoon. The best rain chance on tuesday is going to develop early in the day. Then well be seeing a drier break through tuesday afternoon into tuesday evening. Right now looking outside, you can see the low hanging cloud cover right now as we look out over the city. 60 degrees on the nose in San Francisco. Just below 60 in livermore after a High Temperature in the upper 70s earlier. The rain cooled things off. A mix of upper 50s and low 60s right now. Those temperatures wont drop far the rest of tonight. Low to mid50s for wakeup temperatures on tuesday. High temperatures on tuesday right around normal near the bay, but well below average, about 4 to 5 degrees below normal further inland, which means High Temperatures around 70 degrees. Most spots in the upper 60s as we look toward the Santa Clara Valley and east bay. The warmest spots around 70 degrees. Around the bay, mid60s, same for the north bay because youre going to have that best chance of a few additional showers throughout the day on tuesday, and you probably got the best chance again wednesday before we dry out on thursday and friday. That means slightly warmer temperatures for the next chance of rain arrives this weekend. And we will take every bit that Mother Nature wants to give us. Have another update coming up at 11 00. All right, thanks, paul. Peeking of Mother Nature, those blue waves are back in Southern California and the spectacle is drawing lots of crowds. Thousands of people have been flocking to the beach in malibu to see the bioluminescent waves caused by algae blooms. Only happens once every few years. Unclear how long its going to last, but neighbors are hoping people will remember to keep their distance when they come down to visit. So beautiful. I know it happens in bodega bay as well. Gorgeous to see. Your top National Headlines tonight a live look at the white house. President trump in a Tense Exchange with reporters from cbs news and cnn just a few hours ago. Take a look. Why is this a global competition to you if Everyday Americans are still losing their lives . Well, theyre losing their lives everywhere in the world. And maybe thats a question you should ask china. Sir, why are you saying that to me specifically . Im telling you. Im not saying it specifically to anybody. Im saying it to anybody that would ask a nasty question. Thats not a nasty question. I have two questions. Thats okay. But you pointed to me. The president abruptly left the briefing just moments later. Meanwhile, across the u. S. More states easing lockdowns. In florida, hair and nail salons reopened today as much of the state entered phase two of its plan. New york is preparing to reopen parts of the state on friday with hospitalization and death rates dropping to levels not seen since march. Businesses that are low risk can resume operations this week. Tomorrow multiple San Francisco supervisors will speak in support of a measure that would allow 16 and 17yearolds to vote in municipal elections. If passed, San Francisco would be the first major u. S. City to lower the voting age, ken . Thanks, elizabeth. Coming up next, why women are feeling the economic fallout of the pandemic harder than men. And how will wine tasting work with masks and social distancing . We take a trip to the wine country to try to find out. All of us in napa valley are very ready to open. And then later, salvaging the season, baseball could return in less than a the economic fallout of the pandemic is hitting women worse than men. Thats because women make of the majority of employees in the Hospitality Industry which rank by half as the country went into lockdown. Nurses, who are more often women, are at the front lines of the coronavirus outbreak. The april Unemployment Rate for women climbed to 15. 5 and 13 for men. Well, a bay area winery is getting ready for local Health Officials to give them a green light to reopen. The Napa Valley Vintners Association task force submitting a safety plan to authorities. They propose reservations only to control the number of guests at a time. Tables will be set ten feet apart. Staff and guests will be required to wear masks. All of us in napa valley are very ready to open as soon as as soon as its legal to do so, but also as soon as we can be sure that its safe for our employees and for our guests. I think were going to just call it distancing because were still going to be social. Were trying to be social. And staff will also have their temperatures checked before starting work each day and credit cards will be used for purchases. Up next, a new starting date and big changes to the playoffs. What the mlb just approved. Were all doing our part by staying at home. That could mean an increase in energy bills. You can save by setting your heat to 68 or lower. Unplugging and turning off devices when not in use. Or just letting the sun light your home. Stay well and keep it golden. Finally tonight, Major League Baseballs owners have reportedly approved a plan to have opening day of the 2020 season during the fourth of july weekend. Plenty of hurdles to clear. Spring training would start in early june at teams home ballparks rather than arizona or florida. Regular season would be cut d