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4 (e) indicia of a street race or reckless driving exhibition, including but not limited to, stickers, posters, markings, flags at or near the scene; (e) the number and types of motor vehicles at the scene; (f) that the motor vehicles present have been altered or modified to increase power, handling or visual appeal; (g) that the person charged drove or was transported to the scene; (h) that the person charged admitted to being a spectator at a street race or reckless driving exhibition; (i) that the person charged has previously participated in street race or reckless driving exhibition; (j) that the person charged has previously aided and abetted a street race or reckless driving exhibition; (k) that the person charged has previously attended a street race or reckless driving exhibition; (l) that the person charged previously was present at a location where preparations were being made for a street race or reckless driving exhibition or a street race or reckless driving exhibition was in progress. Section 36-710 Admissibility of Prior Acts The list of circumstances set forth in Section 36-709 is not exclusive. To the fullest extext permissible by law, evidence of prior acts may be admissible to show plan, opportunity, knowledge, identity, and/or propensity of the person charged to be present at or attending a street race or reckless exhibition of speed if the prior act(s) occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a street race or reckless driving exhibition was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Santa Ana. Section 3. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared invalid or unconstitutional. Section 5. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 6.This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. City Council 6 –4 6/1/2021